barkulkum Posted January 10, 2012 Report Share Posted January 10, 2012 My Wife had entered United States in Sep 2010 in H4 Status with my H1B and we later applied for her H1-B through an employer and it got approved with the start date of October 18 2011 and for various reason she could not start working until First week of January 2012. My Concern now based on reading the posts from the forum 1. Is the Time period from October 18th, 2011 to Jan 3rd 2012 is considered Out of status? 2. My Green Card's priority date is just 7 months from the recent aggressive forward movement of priority dates, will this be a problem for my wife when we apply for her I485? 3. Is it safe to change her status back to H4 until we file our I485? I really appreciate your response. Link to comment
pontevecchio Posted January 10, 2012 Report Share Posted January 10, 2012 "for various reason she could not start working " is a very vague statement. She may need to leave and come back with the H1 visa. In such an important matter please discuss the issue with a Lawyer. Link to comment
barkulkum Posted January 10, 2012 Author Report Share Posted January 10, 2012 "for various reason she could not start working " is a very vague statement. She may need to leave and come back with the H1 visa. In such an important matter please discuss the issue with a Lawyer. It is mainly health related reasons. Link to comment
JoeF Posted January 10, 2012 Report Share Posted January 10, 2012 It is mainly health related reasons. That's still a vague statement. Unless she has a doctor's letter that she can't work, she most likely would be out of status. Link to comment
pontevecchio Posted January 10, 2012 Report Share Posted January 10, 2012 Fair enough. In that case maybe she has medical proof and leave with/without pay. Since your PD is approaching you will have to make sure this is not a problem for her. The best way is to come back with the H1 visa or the h4 visa. But make sure to discuss the issue NOW with a Good Lawyer. Best of luck. Link to comment
barkulkum Posted January 11, 2012 Author Report Share Posted January 11, 2012 Thanks pontevecchio and JoeF for your response. My wording were wrong in my initial post, I wanted to know if there is a allowed period we can wait to join the employer even after the H1-B visa approval with the start date of Oct 18th 2011. Fair enough. In that case maybe she has medical proof and leave with/without pay. Since your PD is approaching you will have to make sure this is not a problem for her. The best way is to come back with the H1 visa or the h4 visa. But make sure to discuss the issue NOW with a Good Lawyer. Best of luck. Link to comment
JoeF Posted January 12, 2012 Report Share Posted January 12, 2012 A person who entered on H1 has up to 30 days to enter into employment with the H1 employer. After 30 days, the employer has to start paying the person, no matter what. 20 CFR 655.731. Link to comment
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