Wife visa; Recent executive action

[krs_ravis]

Hello,

 

Please suggest me. I have explained my wife's situation here.

 

 

1. Myself came to USA on 01/2012 and my H1B visa is valid till 12/2014.

2. My wife got H4 visa and valid 12/11/2014

3. My wife applied for H1B visa on 04/01/2014

4. I have applied for myself (H!B) and my wife's (H4) visa extensions.

5. My wife got the approved H1B visa.

6. and then I have applied for my wife's H4 visa extension withdrawal before Oct 1st.

7. Her H4 extension withdrawn successfully

8. My wife is in H1B visa from 10/01/2014

9. Till now, she did not get the job.

10. My H-1B extension approved and it is valid till 12/2017.

 

Q1) Her employer is ready to run the pay slips if i pay the money to her consultant. But as per recent immigration updates, she will get EAD soon (my I-140 is approved). 

If i dont run her pay checks, then i assume it is illegal to stay here without job. what is your suggestion? either run the paychecks or convert her to H4 again? 

I think that to convert H4 back, USCIS might ask pay checks, right?

 

Q2) As per recent immigration proposals, do i get the EAD (my I-140 is approved) ? 

 

Q3) I am sure my wife will get it if she is in H4 visa. Whether she will get it even if she is in H-1B visa? or To get her EAD, should i convert her from H-1B to H4 again?

 

Thanks for your time.

[jairichi]

1. She is out of status currently. It is illegal for you to pay for running her paychecks. You might face stern action from immigration authorities. Do not even think about it. It is illegal for employer not to be paying your spouse. She has to file a complaint against employer with DOL. This will allow her to move back to H4 status or to a different employer and get her salary.