Legal Question in Immigration Law in Minnesota

entered USA on H4 Visa - change of status to H1b (oct 2008) - applied for SSN , Tax id etc - never joined the employer because i was pregnant - have Never been under the payroll , no paychecks till date . Now I am on a vacation to India and planning to come back to USA with H4 visa .

1. Am i out of status for the reason that i have violated my H1b status ?

2. if so what is next to come back to usa? ( my husband is still working on H1b)

3. Is it advisable to get the most recent paystubs from my employer and apply for H4 ? if so what are the questions i may expect at the consular office back in India during my visa interview?


Asked on 8/12/09, 11:28 am

1 Answer from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Yes, you were out of status and might have a fraud issue, depending on the timing and your intentions. But being pregnant, your and your baby's health could possibly overcome that by showing you didn't plan on not working for the employer when you filed to change to H-1B if things changed between then and approval. You will need a new visa to return to the U.S. Pay stubs might be helpful if from abroad to show that you qualify for the position, and from the U.S. to show maintenance of status if you in fact worked for an employer or for permanent residence cases, to show you're not likely to require public assistance.

For more information, feel free to visit me at http://www.yardum-hunter.com, write me at [email protected] or call me at 818 609 1953.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law

Certified Specialist, Immigration & Nationality Law, State Bar of CA

2nd VP, LA County Bar Assn., Immigration Section

A "Super Lawyer" 2004-2009, Los Angeles Magazine

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Answered on 8/17/09, 7:24 pm


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