H1 to H4

[amitdewan1]

My spouse was on Maternity leave since July, 2014 before which she was working with company A. Company A ran her payroll until Oct, 2014 after which the project was no longer available and she had to be on my dependent visa (L2). Recently, she was again called back by Company A and they applied for her H1B (Cap Exempt) under Premium Processing on Dec 20, 2014.

After the H1B application was filed she got an RFE and Company A responded back with the required details on Jan 09, 2015. Meanwhile the project for which this application was filed is no longer available with the client of Company A.

During this time I had to come to India for my new H1B stamping for company B and would be headed back to US on Jan 21, 2015 (This is a change of Job for me from company C (with L1B visa) to Company B (on H1B Visa)).

 

We are anticipating her H1B result around Jan 22, 2015. With that in mind, here are our questions:

 

1. By the time my spouse's H1B approval comes and she doesn't have a project, how long can she stay in US?

2. If she manages to get a project with Employer A but with a different client, I believe it would require amendment. 

2a. How long does the amendment process take?

2b. Can she join the client once the amendment request is received by USCIS or she has to wait for Amendment approval?

3. If she has to transfer her H1B to another employer, what are the documents required for filing her H1B transfer?

4. In case of H1B transfer, is it better for her to go out of country, get H1B stamped and come back for the new employer as she won't have any salary slips for the last 3 months?

5. On the other hand, if she doesn't get any project/employer until H1B approval or grace period (if any), how can I transfer her to my dependent visa (H4) while she is in US?

Note: I would be joining Company B on Jan 26, 2015 and would only have salary slips from Company C while I was on L1B.

[jairichi]

1. She can stay as long as employer pays her salary.

2. Yes.

a. 3 to 4 months by regular and 15 calendar days by premium processing.

b. She can.

3. H1B petition number or approval notice.

4. Yes, why not.

5. No grace period on H1B.

6. Exit and enter US with a valid H4 visa and a copy of your I797.

[Sankaribabu]

I came to US on Dec 2013. I applied for H1b on March 2014 and it got approved on October 1st 2014 (Valid till 2017). At the same time i applied for H4 extension on May 2014 and it got approved (valid till 2017). I didnt get job so i generated the pay stub for the month of November 2014. Due to some medical issue i would like to change my visa status from H1b to H4 and  I would like to travel to India on March 2015.

 

Can you please guide me whether i have to apply for new H4 visa or Can i use existing H4 visa?

[jairichi]

 

I came to US on Dec 2013. I applied for H1b on March 2014 and it got approved on October 1st 2014 (Valid till 2017). At the same time i applied for H4 extension on May 2014 and it got approved (valid till 2017). I didnt get job so i generated the pay stub for the month of November 2014. Due to some medical issue i would like to change my visa status from H1b to H4 and  I would like to travel to India on March 2015.

 

Can you please guide me whether i have to apply for new H4 visa or Can i use existing H4 visa?

 

Were you actually paid by employer or it was just pay stub generation? 

If your existing H4 visa is valid you can travel with that and a copy of your spouse's I797.