H1B Approved only for 1 Week. What to do?

[cyberpri]

My wife had her H1B applied as a COS from F1 (OPT) to H1 by a reputed American Consulting firm to work at a financial institution. She had her OPT valid until 01/03/12, she received her H1 approval today which has only extended her H1 until 01/06/12 as her current contract expires then. It seems ridiculous as to why anyone would pay USCIS over 2500 dollars + 1225 which I paid for premium processing to receive an extension in work for 3 days.

If the consulting company decides not to file an H1 extension, can she find another job within the 60 day grace period and apply for an H1 transfer?

If finding a new job in such a short span doesn't pave out, do I need to apply for her H4 on or before 01/06/12 or do I have a 60 day grace period?

Thanks in advance for your help.

[JoeF]

There is no 60 day grace period. That's only for the F1. But she is now on H1, and there is no grace period for H1.

Does the company have a lawyer? If not, they should get one. H1s for consulting companies are nowadays usually only approved until the end of the contract. A good immigration lawyer would know that.

[Saifesta]

Extension periods these days strictly depends on the Client Letter Dates/Contract Dates.

H1B Fees are to be paid by Employer only. The employee is noway responsible for H1b fees.

[cyberpri]

We only paid the Premium Processing fees, however the company which filed the visa is at a financial loss right? Her contract is only extended by the client every 3 months, so it doesn't make sense for a company to pay USCIS H1B filing fees every 3 months.

My plan is to apply for her H4 by 01/06 if the company does not file an H1 extension (which I'm highly skeptic of). Do we need to wait until the H4 is approved before filing a new H1 if she gets a new job through another employer or can an H1 be filed while her H4 petition is pending since she has already counted against 2012 H1B cap.

[livliv]

Change of status to H4 can be filed on the last day of current status, but in order to make sure it is received by USCIS on the same date (receipt notice date), I will advise e-filing the I-539.

If COS is pending at the time there is another job offer, the employer can file H1 petition as a bridge or as consular processing. However, she will not be able to begin working in such as case until H1 petition is approved with I-94. She will not be subject to cap until she spends 6 years in the US in H1 status.

[murphyd]

Why did you the 2500$, that's the employer's responsibility not yours.

[cyberpri]

Thanks for all your responses.

@murphyd: I only paid premium processing ($1225) I did not pay $2500, (I guessed the company would have paid at least that much for the attorney and USCIS)

Anyways, the company filed for her H1 extension on 01/06 so she can continue to work for now. However as her contract is only renewed 3 months at a time by the client there is a chance her H1 approval may only be up to 04/06/12 (unless they don't process it by 04/06 which is what I'm hoping for)

Now if her contract ends before the H1 petition is processed and she finds another job through a new employer can she file for an H1 transfer while the current H1 petition is still pending or do we have to wait until it is approved before she switches to a new job?

[cyberpri]

Can someone answer this qn please:

If her current contract ends before the H1 petition is processed and she finds another job through a new employer can she file for an H1 transfer while the current H1 petition is still pending or do we have to wait until the H1 is approved or denied before we apply for an H1 transfer to a new job?