Changing status from h1 to h4


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I am on H1B Visa and my 140 is not approved yet. My wife is on H1B visa and is looking for jobs but the market is dead for her job profile (Drug Safety/Pharmacovigilance). She has an employer and her last project ended a month ago. I believe she still has 30 days to find another job to maintain the status. If she does not find a job, we are thinking of changing her status to H4. I understand she won't be able to work since my 140 isn't approved yet. Can someone give us some advice on how do we go about this situation?

1 ). Do I need to file for her H4 or can her employer file for H4?

 

2) When does the 60 days grace period start? is it after her employer revokes H1B or has it started already last month when her contract ended?

3) if she applies for change of status from h1 to h4, and after it is approved, ( employer will revoke H1b after 60 days grace period). lets say she finds a job, will she be able to do change of status from h4 to h1,  or will she have to go through another h1 lottery draw.

If, let's say her change of status is applied and she gets a job in the meanwhile. Can we immediately withdraw the H4 COS application and start the H1b Transfer to the new employer? Her current H1b is valid until 2026.
Hoping to get some direction from our fellow desis. Also, if anyone is hiring for Drug Safety Scientist roles and in Pharmacovigilance, please let me know. She has almost 4 years of experience.

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1. She can file for the COS to H4

2. From contract end.

3. The revocation by the employer does not affect her H1 time. She can work for the 6 years in total for any H1 Sponsor.

4. Any withdrawal takes a long time. She can leave and return on the existing valid H1 Visa following any H1 Petition approval.

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Ans. 1)  You have to file for her H4

Ans. 2)  Her 60 days starts from last month, when her contract ended.

Ans. 3)  Once your wife finds a new employer, her employer will change her back to H1b.  (H1b is an employer document).

Does your wife have an I-140?  If not, then out of the 6 years how many years are left on her H1b?  You can put her on H4 EAD once your I-140 is approved and save the balance of her left over years on H1b until she finds an employer who can also start her GC process.

Good Luck.

 

Edited by Zodiac System
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