H4 to H1 - What happens if not able to work

[robby_254]

Hi,

 

A consultancy is ready to file my wife's  H1B (currently on H4) this year and we are expecting the results by mid 2015. In case if she gets through the lot, she should be allowed to work from October 2015 on her new H1. She is also pregnant right now and we are expecting our baby by August 2015. We are not sure whether she will be able to work right away in Oct 2015 especially with the chances of the location of new job will not be where we are right now. 

 

I am not sure what happens in case if she is not able to go to work right away. 

 

1. Is there a way she can convert from H1 to H4 and stay on H4 for a few months before starting to work?

2. Can the consultancy that is filing her H1 do anything that will keep her H1 valid so that she does not have to go through the lottery at a later time?

 

Kindly help!

 

[[Thanks to Murthy Law firm Forum members for sharing all the useful information ]]

 

Regards

Robby

[jairichi]

Ask employer to file her H1B petition as consular petition. Once approved and whenever she wants to start working for that employer she has to exit and enter US with a valid H1B visa and I797.

[pontevecchio]

Tell them to file with CP and not COS.

[rahul412]

 

1. Is there a way she can convert from H1 to H4 and stay on H4 for a few months before starting to work?

2. Can the consultancy that is filing her H1 do anything that will keep her H1 valid so that she does not have to go through the lottery at a later time?

1. File COS to H4 before her H1 kicks off

2. Once the initial H1 is approved then her next H1 will be cap exempt. If you file COS to H4 after H1 approval then her employer has to file H1 again.But cap exempt.

 

I suggest you to go for full time employment not for a consulting firm.

[kalyan487]

As she already in US on H4, apply H1b without COS. So that your status continue as H4 even after Oct 1st. Whenever she get job, apply again for COS from H4 to H1 with approved H1b Petition. No need of going out for visa stamping to start work. Once COS approved to H1, she can start working. This will only helpful if you think you are not going to start job untill march, april etc or market bad for getting job early. I done samething without issues.