H4 --> H1 Conversion followed by transfer

[santhosh_1209]

Hi Team, 

My Wife is currently working on H4 EAD (Valid until 11/02/2019) as a contractor at a client A. In April, we have filed for her H1-B through an external company B which got picked in the lottery and approved. 

But her current client A wanted her to join full time and now she is an employee of client A. And they filed for H1-B transfer before the effective date of Oct 1st and received an RFE for which they are working to respond. We would like to know if she can continue to work for client A on H4-EAD after Oct 1st until this H1B transfer gets approved. Or does her status gets changed to H1 automatically even if she doesn't take up employment with company B, please confirm. 

Appreciate your help and response in this regards, it would be really helpful ! 

Regards

Santhosh

[JoeF]

She has to start working on the H1 for company B from Oct. 1 on.

A transfer is only possible after she has started working for B.

[santhosh_1209]

2 hours ago, JoeF said:

She has to start working on the H1 for company B from Oct. 1 on.

A transfer is only possible after she has started working for B.

But the client A attorney suggested that she can continue working on H4 EAD until the transfer case is approved and doesn't have to worry about it. Can we trust her ? 

[JoeF]

3 hours ago, santhosh_1209 said:

But the client A attorney suggested that she can continue working on H4 EAD until the transfer case is approved and doesn't have to worry about it. Can we trust her ? 

That's wrong.

The H1 starts on Oct. 1. At that time, she is no longer on H4, and can NOT work with the H4 EAD. Period.

I would stay far away from a company that doesn't even get such simple things right.

 

Edited October 1, 2019 by JoeF