bittersweet.arpan Posted September 17, 2013 Report Posted September 17, 2013 My wife's H1b is expiring on Sept 30th, 2013. We are applying for her H4 before that date. I have read in forums that H4 approval takes 2-3 months, can she continue to work before her H4 is approved? Or does she has to stop working after 30th?
jairichi Posted September 17, 2013 Report Posted September 17, 2013 My wife's H1b is expiring on Sept 30th, 2013. We are applying for her H4 before that date. I have read in forums that H4 approval takes 2-3 months, can she continue to work before her H4 is approved? Or does she has to stop working after 30th? Yes, she can work till her COS to H4 gets approved
omshiv Posted September 17, 2013 Report Posted September 17, 2013 Good question - I believe she would need to stop working after Sep 30th. Wait for more replies though.
jairichi Posted September 17, 2013 Report Posted September 17, 2013 Good question - I believe she would need to stop working after Sep 30th. Wait for more replies though. Sorry. Omshiv is right.
omshiv Posted September 17, 2013 Report Posted September 17, 2013 Yes, she can work till her COS to H4 gets approved Oh ok..so its similar to the Visitor visa extension. The Visitor can stay as long as they get a decision. Similar Analogy. Thanks Jairichi.
bhalc Posted September 17, 2013 Report Posted September 17, 2013 She needs to stop working after 30 SEP.
bittersweet.arpan Posted September 17, 2013 Author Report Posted September 17, 2013 Yes, she can work till her COS to H4 gets approved Can you please share what is the reasoning behind your answer, because the other people who replied to my question have a different answer. Many Thanks
omshiv Posted September 17, 2013 Report Posted September 17, 2013 Oops... :) Joef, Belle, Charkrakr, Catx, Cap-gap, Rahul and others please jump in..what are your opinions?
jairichi Posted September 17, 2013 Report Posted September 17, 2013 Can you please share what is the reasoning behind your answer, because the other people who replied to my question have a different answer. Many Thanks Yes, it is based on my experience. I was working on H1B and well before my last date I applied for a COS to H4 knowing that it would take 2.5 months to be approved. I worked till the last day of my contract as my COS decision was still pending with USCIS. Unfortunately unlike H1B, a H4 can not ask for a start date. This process was confirmed by my university H1B attorney. But, if COS to H4 would have got approved before my last day in contract I would have had to stop working on the day of receipt of approval notice.
jairichi Posted September 17, 2013 Report Posted September 17, 2013 Oh ok..so its similar to the Visitor visa extension. The Visitor can stay as long as they get a decision. Similar Analogy. Thanks Jairichi. Yep. I went through this process
jairichi Posted September 17, 2013 Report Posted September 17, 2013 Can you please share what is the reasoning behind your answer, because the other people who replied to my question have a different answer. Many Thanks What is the validity in her I797, contract and I94?
omshiv Posted September 17, 2013 Report Posted September 17, 2013 Yep. I went through this process Oh ok..I'm wrong then...so she can work until the COS is approved.
bittersweet.arpan Posted September 17, 2013 Author Report Posted September 17, 2013 Sorry. Omshiv is right. Jairichi.. I read your inputs below in the thread, but the response above is contradicting as Omshiv was suggesting that my wife should stop working on Sept 30. Is the post(#9) the one I can go ahead with? Thanks for your valuable inputs!
bittersweet.arpan Posted September 17, 2013 Author Report Posted September 17, 2013 What is the validity in her I797, contract and I94? Her I797 and I94 are valid till Sept 30. By contract do you mean - job contract?
jairichi Posted September 17, 2013 Report Posted September 17, 2013 Her I797 and I94 are valid till Sept 30. By contract do you mean - job contract? As her I797 and I94 are valid till Sept 30 she can work till Sept 30 as long as her COS from H1B to H4 is pending for decision with USCIS.
jairichi Posted September 17, 2013 Report Posted September 17, 2013 Oh ok..I'm wrong then...so she can work until the COS is approved. Yes, that is right. But, in OP's case his wife's I94 expires by Sept 30th. So, till that date (Sept 30th) she can work till a decision on her COS to H4 is made by USCIS
mv78 Posted September 20, 2013 Report Posted September 20, 2013 I have the same situation. My wife's H1 is expiring on Sept 30 and we are filling visa transfer (I-539) from H1 to H4 this week. Does my wife need to leave US or she can stay in US ?
jairichi Posted September 24, 2013 Report Posted September 24, 2013 I have the same situation. My wife's H1 is expiring on Sept 30 and we are filling visa transfer (I-539) from H1 to H4 this week. Does my wife need to leave US or she can stay in US ? As long as she has filed I539 before Sept 30th, obtained receipt number and waiting for a decision from USCIS she can stay in US.
pontevecchio Posted September 24, 2013 Report Posted September 24, 2013 As long as one has a valid H1 status, one can continue to work while awaiting COS to H4.
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