Legal Question in Immigration Law in Arkansas

H1 to H4

My fiancee is currently H1B status.Unfortunately,she has no client for almost a year now but her employer is not dropping her status.Her VISA stamp is still updated for the next couple of months. My H1B status is up to date and fine. We plan to marry this year, is her status to change to H4 questionable per INS? We have steady relationship for 5 years already. What's the chance that her transfer from H1 to H4 will be questionable? What's the risk? What would you recommend?Thanks a bunch.


Asked on 9/02/04, 11:45 pm

2 Answers from Attorneys
Myron Morales Lee Lane Smith LLP

Re: H1 to H4

If he cannot show that he has been paid in the last three months, it may be necessary for him to apply for the H-4 at a U.S. consulate. Because if he is not being paid for work, then he is not complying with the terms of the H-1B and is technically out of status, although not accruing unlawful presence until his I-94 expires.

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Answered on 9/03/04, 8:06 am
Jacob Sapochnick

Re: H1 to H4

Hi,

I am not sure what you mean by "Unfortunately,she has no client for almost a year now but her employer is not dropping her status", I would assume that you mean that her employer has not been pating her for a year now.

If so, when a change of status will be submitted to another visa like H4 or new H1B the INS might want to see if she kept her status all along. They might request pay stubs, letter of employment and things of this nature.

It will be important to plan the change of status carefully and document as much as possible to show that she did keep her status. You will need to advice a competent immigration lawyer when preparing the change of status. Good Luck, feel free to email with any questions at [email protected]

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Answered on 9/03/04, 12:37 pm


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