H1B-H4-H1B portability

[nonImmigrant_USA]

Hi All

Below is the situation, in which your advice will be really appreciated!

 

1. My wife has approved H1B petition and was in USA since March 2013 to Jan 2016, currently she is in India.

2. I am H1B visa holder with I-140 approved, current valid visa till July 2019.

3. At this date, my wife is working in India, has approved petition till April 2018 and stamped H1B visa, however, her employer doesnt have any immediate suitable position for her in USA.

4. Hence, I am thinking to get my wife in USA on H4 - dependent visa.

 

Questions:

 

1. If she is in USA on H4, and if there are open positions for her skill sets in USA, can she avail her existing H1B petition, and appear for job interview, through H1B visa transfer and Change of Status (COS), to new employer?

2. Any action from her employer in India, such as revoking her H1B petition after moving out from organization, will have impact on her H1B status & job in USA?

3. If she comes in USA on H4, and apply for H1B through new employer, most likely, there will be gap in her paystubs, will it cause any issue?

4. Any particular precautions/measurements we have to consider?

 

Thanking in advance.

[pontevecchio]

1. If she has been in H1 status before she can claim the remainder of her 5 years and one month in total in H1 status. Visas are not transferred. A new employer can file a non cap H1 petition for her if with cos from H4  IF she has been in H1 status before and she can start work only after approval.

2. Not if she has been in H1 status before.

3. WHY??

4. Avoid dubious consultant firms. Do not pay for the petition filing.

[nonImmigrant_USA]

Hi pontevecchio

Thanks for quick response.

3. Why - If she leaves her current job in India in Aug 2017, and enters in USA on H4 in September 2017, and finds opportunity for her skillset in Dec 2017, then she wont be having paystubs for month of September, October, November.

4. Totally agree.

[pontevecchio]

Stubs are meant to show valid H1 status for a person living here. One can be unemployed for years and still have credentials for the H1 job. Stubs are immaterial in her case.