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Immigration Issues/out of status or not?


Both my wife and I have H-1B visa now. Her H-1B status is valid until May 2008. She is on maternity leave after we had a new baby last month. She plans to quit her job and stay home to take care of the baby. We submitted an application to have her status changed to H4 along with my H-1B extension petition, both of them were approved by USCIS already, but there is one thing that concerns me. Her I-797 approval notice says her H-4 status is valid from 10/01/2007 to 09/30/2010, the same period as my extended 3-year H-1B authorization.

My question is that if my wife resigns now, will she be considered "out of status" between the resignation date and 09/30/2007 by USCIS?


It would seem that there was a mistake committed either on your I-539 application or by the Service. You need to contact the employer/lawyer who represented you on this petition to check the forms filed. If it is a service error you could request it to be corrected with any additional fee. If it is an error on your part you could file for fresh petiton or amend it to revise the dates.

If she quits her job she will be out of status in my opinion. Explore whether she can take leave under the Family medical leave act ...your attorney/employer should be able to you on this.

Ramasamy Krishnan
Attorney at Law
Ashley & Krishnan
9801 Westheimer
Suite 302
Houston, TX 77042

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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