H1b out of status-H4 stamping possibility

[kirubakaran venkatesh]

My wife and I came to USA in H4 Feb 2013. Her h1b was approved from Oct 2014 while in US but then she didn't get any project so far. We were under assumption that her H1B is not active until she take any job(a mistake) but I recently realized that is not the case and learned that she is actually "out of status" now. Her employer didn't tell us anything about being in out of status. She got pregnant in few months after her h1b activation and got our baby delivered last year. The fact that she was pregnant was another reason that we didn't think about her employment. She is 18 months out of status. Her H4 I94 ends in Sep 2016. H1 I94 is valid until oct 2017. She is planning to go India and come back in h4 with my valid H1. Please help us with the options we have to get her H4 stamping and how much chance she has in getting it. I read lot of blogs and haven't been able to conclude the right approach to resolve the issue.

[rahul412]

If your H1 was approved along with I94 with it then you're are serious trouble. Contact an attorney before you leave for H4 interview, their are chances that your H4 will be rejected for being out of status.

 

And don't forget to file a complaint against that employer for not paying her monthly salary.

[kirubakaran venkatesh]

Thanks Rahul.

I read about DOL-WH4 can be filed in one year but since it is more than an year now, can I still opt for that option. Having filed a DOL will increase the chance of her getting H4?

[rahul412]

That's why you need attorney's help. Go and contact one.

[kirubakaran venkatesh]

Thanks Rahul. I already spoke to an attorney at Murthy's law firm. Hoping for the best!