Legal Question in Immigration Law in California

Was on H4 and got my h1 approval in oct 2013 and was immediately on leave since oct 1 upto 3 months due to some personal reasons, later resigned my job and converted to h4 on jan 17th(dint work for even a single day and was also not payed which means no pay checks).

Does that really mean i was employed ?

Right now I need to go for h4 stamping and need to fill my previous employment details in DS-160 from?Or is that ok if i fill ssn and not mention the employment details.

If i say yes and try to fill the employee details,i need to mention the reporting head details as well which i dont have ,since i dint go for work evn single day.

Do u think il have any issue during Visa process?

Oct 1st 2013 - Leave letter upto Jan 17th 2014

Jan 17th applied for Change of status and on H4.


Asked on 9/15/14, 3:12 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you never worked for the H-1B employer, then you never really were in H-1B status. Thus, you were not employed if you were not issued a pay check or will receive a W-2 at the end of the year. Just because an I-129 petition is approved for a person does not mean they are automatically in H-1B visa status, nor is it proof of employment. You should state "homemaker", "unemployed", "student" or whatever you have been doing for the last 5 years.

Read more
Answered on 9/15/14, 3:22 pm


Related Questions & Answers

More Immigration Law questions and answers in California