Does spouses H1 application from H4 status require primary applicants papers?

[cwsxp101]

I am on H1b and my wife is on dependent status on H4. Unfortunately, things have not been going well between us and we have decided to go for divorce. My wife has been checking to get a H1b and one company is ready to apply for her H1. The lawyers with the company are requesting her to get some documentation from me - copies of my passport, visa stamp, pay slips, W2 and last year tax returns. I am a little skeptical to give copies of these documents due to the fact that we are going to file for divorce very shortly in US (within a week). Also I do not want to be liable later as the H1 will be applied based on H4 status and being my dependent and using my documents.

Here are the questions I have:

1. Can the company apply for her H1 without using my papers and use her paperwork instead. i.e. her degree certificates from foreign country? Will my docs be necessary to apply for her H1b?

2. Is it okay to give copies of the docs listed above to my wife to apply for her H1 from her current H4 status?

3. Will I be liable in any way if her H1 is applied around the same time as our divorce? Is there any short tern liability and also any long term liability for me if her H1b is applied using my docs?

Any help will be greatly appreciated. Thanks!

[Attorney_7]

Generally, in order to change status from H4 to H1b, one must show that he/she maintained valid H4 status AT THE TIME OF FILING. One’s valid H4 status is based on his/her spouse’s H1b status. Therefore, generally, it is necessary to submit documents to show that the spouse’s H1b status was valid. The documents may include, a copy of the H1b approval notice, I-94, pay stubs, W-2, etc.