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Receipt tracker of 485, EAD and AP applications Track receipt notices, checks and processing delays in 485, EAD and AP petitions.

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  #1 (permalink)  
Old 08-26-2009, 05:39 PM
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asha1234 can only hope to improve
Default h1b wife without job
hi,
i am on h1 visa,and my wife ,who was on h4,got her h1 b approved on october ,07,but she was unable to find a job till date.that means she doenst have any paystubs.
1) what is her status-h1 b or h4? ,is her h1 void?
2)is it possible to run her pay stubs now?
3) if she is on h1,can her status be changed to h4?
Last edited by asha1234; 08-26-2009 at 08:57 PM.
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  #2 (permalink)  
Old 08-26-2009, 07:34 PM
Member
Priority Date
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Jan-08
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I140 Mailed Date
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03/27/2008
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cbpds will become famous soon enough cbpds will become famous soon enough
Default out of status
Your wife is out of status, so many H1's are wasted every year, no harm intented !!

Quote:
Originally Posted by asha1234 View Post
hi,
i am on h1 visa,and my wife ,who was on h4,got her h1 b approved on october ,07,but she was unable to find a job till date.that means she doenst have any paystubs.
1) what is her status-h1 b or h4? ,is her h1 void?
2)is it possible to run her pay stubs again?
3) if she is on h1,can her status be changed to h4?
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  #3 (permalink)  
Old 08-26-2009, 07:55 PM
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09/10/2008
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snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default
Quote:
Originally Posted by asha1234 View Post
hi,
i am on h1 visa,and my wife ,who was on h4,got her h1 b approved on october ,07,but she was unable to find a job till date.that means she doenst have any paystubs.
1) what is her status-h1 b or h4? ,is her h1 void?
2)is it possible to run her pay stubs again?
3) if she is on h1,can her status be changed to h4?
For two years...without pay stub? She is out of status now.
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  #4 (permalink)  
Old 08-26-2009, 08:11 PM
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01/13/2006
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06/30/2007
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Default
Quote:
Originally Posted by asha1234 View Post
hi,
i am on h1 visa,and my wife ,who was on h4,got her h1 b approved on october ,07,but she was unable to find a job till date.that means she doenst have any paystubs.
1) what is her status-h1 b or h4? ,is her h1 void?
2)is it possible to run her pay stubs again?
3) if she is on h1,can her status be changed to h4?
So, you generated paystubs earlier?
__________________
We can't solve problems by using the same kind of thinking we used when we created them. - Albert Einstein
*** Not a legal advice, use at your own risk ***
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  #5 (permalink)  
Old 08-26-2009, 08:56 PM
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asha1234 can only hope to improve
Default
Quote:
Originally Posted by wandmaker View Post
So, you generated paystubs earlier?
she does not have any paystubs
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  #6 (permalink)  
Old 08-27-2009, 02:31 AM
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Jul-07
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Default
Not getting paid on H1 is illegal.
Apply for H4 COS ASAP; file a complaint with DOL and claim backwages from the employer.
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  #7 (permalink)  
Old 08-27-2009, 05:43 AM
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EB-VoiceImmigration is on a distinguished road
Default Did her status change from H4 to H1 ?
Quote:
Originally Posted by asha1234 View Post
hi,
i am on h1 visa,and my wife ,who was on h4,got her h1 b approved on october ,07,but she was unable to find a job till date.that means she doenst have any paystubs.
1) what is her status-h1 b or h4? ,is her h1 void?
2)is it possible to run her pay stubs now?
3) if she is on h1,can her status be changed to h4?

After getting H1, did COS applied to move from H4 to H1 ? or went outside and entered with H1B VISA ?

If not then I believe she is still on H4 and no need to worry . Otherwise as others metioned its a problem.

Advice : Dont say run pay stubs etc.. genuine people will get heart burn
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  #8 (permalink)  
Old 08-27-2009, 01:17 PM
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asha1234 can only hope to improve
Default
Quote:
Originally Posted by EB-VoiceImmigration View Post
After getting H1, did COS applied to move from H4 to H1 ? or went outside and entered with H1B VISA ?
when she got her h1b approval doc,she received her new I94 along with it..does that mean her change of status to h1,or is she still on h4?
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  #9 (permalink)  
Old 08-28-2009, 05:16 AM
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EB-VoiceImmigration is on a distinguished road
Default She is on H1
To my knowledge, new i-94 means status changed to H1.
May be she can switch back to H4....

Consult attorney or her employer to sort this out.
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  #10 (permalink)  
Old 09-23-2009, 05:11 PM
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Oct-03
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krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future
Default She is out of status for 2 years
Quote:
Originally Posted by asha1234 View Post
when she got her h1b approval doc,she received her new I94 along with it..does that mean her change of status to h1,or is she still on h4?
This is a very common mistake lot of people did when they thought converting spouses from H4 to H1 was a good thing to do to earn some extra $$$ but did not realize that they should either work or change back to H4 status explicitly by filing I539 form.

Right now the only way possibly is to leave the country and then enter on H4 ( if she gets stamped). I think she is a case for automatic denial unless she show that she was in status.

You can always claim wages from the employer who filed the H1 and pay back owed taxes on it and get out of the mess.

-cheers
kris
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PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
3EADs , 4FPs
3APs, 485 approval -- 07/30/2007
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