Immigration Issues/h1b to h4

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Question
Hi Mr.Arora,
         My wife came to usa in sep2008 on h1b visa.since then her employer did not give her job because she could not pass her exams,so no paystubs and w2.
         Now she went back to home country to change her visa status from h1b to h4.i am in h1b.
My question is

         1.Do they ask anything about her previous visa status and her paystubs in interview or they will just check my h1b and issue her h4.
         2.IF they ask her what she has to reply.

Please kindly reply

Answer
Hi,

Your wife was violating her H1B status by not being employed as per agreed upon terms stated in the H1B petition for a considerable period of time, and therefore applying at a U.S. Consulate in her home country for H4 visa stamp is the only option open to her to join you as a dependent spouse in the U.S. Hopefully the Consulate will focus on whether you are maintaining your H1B status, and issue your wife her H4 visa stamp and forgive any previous violation as she apparently did not overstay her I-94 issued to her when she entered the U.S. in Sep. 2008. (Normally the I-94 is issued until H1B approval expiration date, which is approved for a maximum of 3 years by USCIS).

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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