Change of Status - H1b to H4

[kohlimannu]

Hello,

i am on H1B and my spouse came with me on H4 visa. Later we filed for her H1B and got approved in Dec 2016. Her employer was not able to get a project and she never work for the employer. 
My Company has filed my green card and I-140 is in process. 

1. Is my spouse out of status?
2. can i file H1 to H4 CoS for her? Will there be any issues as we don't have any paystubs?
3. Or shall i wait for my AoS (I-485) to get her status change?

Please suggests if there are any better way to handle this situation.

Thanks in advance.

[satya2k1]

Oh boy, your spouse is in a big trouble.  She got her H1B approved in Dec 2016, and she hasn't get paid and did not change her status to H4 for this time.  She has been out of status for more than one and half year.

The better option for you is to file a complaint with DOL that employer did not pay on H1.  This does not make your spouse completely safe, but still little better. 

1. Yes, your spouse is out of status because she is not working on H1

2. Yes, you can file COS from H1 to H4, but be prepared to address RFE/query regarding H1 status

3.  Waiting will not help you any more, same issue at the time of AOS also.

[kohlimannu]

@satya2k1 Thanks for your response. 

If i ask her employer to provide last 3 months paystubs, will that be helpful in CoS? 

[satya2k1]

2 hours ago, kohlimannu said:

@satya2k1 Thanks for your response. 

If i ask her employer to provide last 3 months paystubs, will that be helpful in CoS? 

Yes, definitely helpful.  but still your spouse may face a query.  Does she have W2 for 2016 and 2017 tax years?

[kohlimannu]

@satya2k1 Thanks. 

She never signed I-9 or W4 with the employer. I was filing her Taxes with jointly with mine. As there were no income. She does not have any W2 as we never signed I-9 or W4.

 

[satya2k1]

9 minutes ago, kohlimannu said:

@satya2k1 Thanks. 

She never signed I-9 or W4 with the employer. I was filing her Taxes with jointly with mine. As there were no income. She does not have any W2 as we never signed I-9 or W4.

 

Atleast get last 3 months pay stubs and file for her H4.  Be prepared to answer any queries from USCIS on her current status.

Good luck.

[Lokesh123]

13 hours ago, kohlimannu said:

Hello,

i am on H1B and my spouse came with me on H4 visa. Later we filed for her H1B and got approved in Dec 2016. Her employer was not able to get a project and she never work for the employer. 
My Company has filed my green card and I-140 is in process. 

1. Is my spouse out of status?
2. can i file H1 to H4 CoS for her? Will there be any issues as we don't have any paystubs?
3. Or shall i wait for my AoS (I-485) to get her status change?

Please suggests if there are any better way to handle this situation.

Thanks in advance.

what were you doing since 2016?.

Her AOS might be in question.. Consult an attorney...

[pontevecchio]

Please do not compound the error by manufactured stubs. You need to consult a Good lawyer as to further steps.

[Ram08072018]

Hi Any one out there has some knowledge on my situation i am on B2 right now and the job is ready . employer will be filing My H1B already this week , i still havs my h1B good for 5 more years . and i am in usa right know .what are the chances of getting I -94 along with I797 if its approve. this was the situation last year i got i-94 but this year i just wondering any one has some info or has same situation.