H1b Application in progress & Pregnant

[apdss]

Hello Folks

 

My Wife is currently in H4 and her H1b application is in progress 2013. She is pregnant and due is December. She cannot take up the job as soon as the H1b is approved October/November 2013. Her employer is not in a position to grant leave. In this situation how can she convert her H1b back to H4.

 

1) I understand as soon as H1b is approved she has to work, If i file H4 application next day of H1 Approval do i need to provide payslips. Do we have any grace time period from the Approval Start date to Effective date.

 

2) Or Can i recommend her employer ammend the petition to have H1b Effective Start Date as future date. Is that the right way to do.

 

Can you please help me with inputs. 

 

Thanks

 

 

 

[jairichi]

Hello Folks

 

My Wife is currently in H4 and her H1b application is in progress 2013. She is pregnant and due is December. She cannot take up the job as soon as the H1b is approved October/November 2013. Her employer is not in a position to grant leave. In this situation how can she convert her H1b back to H4.

 

1) I understand as soon as H1b is approved she has to work, If i file H4 application next day of H1 Approval do i need to provide payslips. Do we have any grace time period from the Approval Start date to Effective date.

 

2) Or Can i recommend her employer ammend the petition to have H1b Effective Start Date as future date. Is that the right way to do.

 

Can you please help me with inputs. 

 

Thanks

(1) Yes you can file for COS to H4. You do not need pay stubs if you apply immediately.

 

(2) You could ask employer to ammend the start date also.

[omshiv]

yes you can convert back to H4.

[apdss]

Hello Jairachi - Thanks for your response. I am clear now. My question is do i need to both 1 and 2 or just one process is fine.

Lets say,  If her Employer agrees to change to future dates i do not need to do COS to H4. If Employer is not willing to change the dates i have to apply COS to H4 as soon i received the approved petition from the Employer. Kindly advice

[jairichi]

Hello Jairachi - Thanks for your response. I am clear now. My question is do i need to both 1 and 2 or just one process is fine.

Lets say,  If her Employer agrees to change to future dates i do not need to do COS to H4. If Employer is not willing to change the dates i have to apply COS to H4 as soon i received the approved petition from the Employer. Kindly advice

I believe if her employer is willing they could amend the start date to one that is convenient for both. In this case she will stay in H4 status based on your H1. In that case she does not have to file a COS to H4. It is better to consult with her employer's attorney to be 100% sure.

[apdss]

Thanks Jairichi for your valuble inputs. 

[apdss]

Hello Jairchi - We got RFE just today, She is yet to receive the RFE reason. In this situation can she request her to withdraw her application due to pregnancy reason. If her employer withdraws the application i believe she will continue maintaining her H4 status. 

 

I believe my company doesnt need to apply COS as her H1b is not even approved and we withdrew during RFE. 

[jairichi]

Hello Jairchi - We got RFE just today, She is yet to receive the RFE reason. In this situation can she request her to withdraw her application due to pregnancy reason. If her employer withdraws the application i believe she will continue maintaining her H4 status. 

 

I believe my company doesnt need to apply COS as her H1b is not even approved and we withdrew during RFE. 

Why do you want to withdraw her application? Try to answer RFE and if approved then apply for COS to H4. In this way she would be counted against cap and anytime later a new employer can file a cap exempt H1B petition and she can work immediately after approval.

[apdss]

Hello Jairchi, Thanks for your inputs, I am into travel jobs(M-T) and she cannot manage alone with a baby. Considering this personal situation we are planning to request her employer to withdraw the offer/H1b Petition. 

 

1) How can we ensure the employer withdraws the petition. I request them to send me the with-drawl copy, is that okay.

 

2) I understand if employer is not responding to RFE the case would automatically go to abandoned/Rejected state. Does it cause any impact to her future H1 or my I485 approval or her future h4 stamping. 

 

3) I believe her H1b is not even approved, i do not need to do any COS Status to H4 through my employer. 

 

Kindly advice.

[jairichi]

Hello Jairchi, Thanks for your inputs, I am into travel jobs(M-T) and she cannot manage alone with a baby. Considering this personal situation we are planning to request her employer to withdraw the offer/H1b Petition. 

 

1) How can we ensure the employer withdraws the petition. I request them to send me the with-drawl copy, is that okay.

 

2) I understand if employer is not responding to RFE the case would automatically go to abandoned/Rejected state. Does it cause any impact to her future H1 or my I485 approval or her future h4 stamping. 

 

3) I believe her H1b is not even approved, i do not need to do any COS Status to H4 through my employer. 

 

Kindly advice.

(1) You can request them. Or after sometime you can check in USCIS website with receipt number.

(2) It might or might not affect future H1 but nothing major. Do not worry.

(3) If H1B is not approved then no need to apply for a COS.

 

What I am trying to say is since your wife's H1B petition has reached RFE level and if her future employer responds to it promptly her H1B might get approved. Then immediately she can apply for a COS from H1B to H4. Once she has applied for this COS she is in legal status in US till a final decision is made by USCIS. Given the situation now where H1B is selected based on lottery it would be better to get it approved. In this way after a year or two if your wife wants to work she just has to find an employer willing to file a cap exempt H1B and upon approval she could start to work immediately and not to go through cap anymore. Just my opinion.

[sobbysoprana]

How did you get through the situation ?