H1 to H4 change of status


babuc

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Hi,

I am on a complicated visa issue and looking for your help and suggestions. 

 

I am on L1B Visa and my wife is in L2-EAD and she was working with an Employer B till 13 Sep 2013. My L1B visa and I-94 has expired on 22 Sep 2013 and my employeer A has filed L1 extension for me and L2 extension Extend Current staus for my wife on 20 Sep 2013. I will be completing 5 years in L1B on 17 Oct 2013.

 

My wife's employer B had filed for H1B for my wife and it was approved and was supposed to be effective starting 1 Oct 2013. Unfortunately due to 

financial issues, her employer had terminated the L2-EAD job on 13 Sep 2013 and will also be not able to give the job on H1 from 1 Oct 2013.

 

I have applied for H1B and had got a RFE which asks for additional documents.

 

The next steps i will be taking further are as below:

  1. Submit the documents for the H1 RFE and convert it to Premium processing so that i can get the results before 17 Oct 2013 before i complete 5 years in L1B.
  2. Apply for H4 change of status for my wife during my H1 RFE filing.
  3. If i dont get a decision by this time then i and my wife will leave US by 17 Oct 2013. After the visa is approved, I will get H1 Stamping and my wife will get H4 stamped(if she does not get a job by this time) and come back to US.
 

I have the following queries below:

  1. Since a L2 Extension was filed for my wife on 20 Sep 2013, will there be a change of status to H1 on 1 Oct 2013.
  2. Since the employer B will not be giving the job on H1 and will not pay, should i ask the employer to revoke her visa.
  3. If her visa is revoked, will it cause any issue in getting a new H1/ transfer to a new employer since she will not be having pay stubs in H1.
  4. If her H1 visa is revoked, and she gets a job in a new company, should we ask the new employer to file a new H1 cap exempt petition for her.
  5. Can a person have a H1 and then request for H4. In case her visa is not revoked by the time my employer files an H4 for her, will there be any issues.
  6. If we go to India for stamping after my H1 is approved, can my wife get H4 stamped with her H1B revoked or not revoked.
  7. Is there any way where i can stay beyond 1825 days (5 years) in L1B if my H1 visa is not approved by this time.
 

Thanks.

Looking for your valuable response.

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Any response is greatly appreciated.

 

If i am in H1, can my employer request for an H4 for my wife if her H1 visa is not yet revoked? (Employer B which processed her visa with COS on 1 Oct 2013 can now not give the job due to financial issues).

 

Is it mandatory for the employer to revoke H1 visa if they do not pay the salary?

 

What is the impact if my wife's H1 is not revoked and then a change of status is done to H4 and later some other employer C wants to provide a job to her.

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A lot of times, you should know almost all of the answer to ask a question. I think your post is too detailed and you have asked so many questions. I would ask quick questions in this forum (preferably one or two in a post).

That way the other users will have some interest in answering your query. Hope it helps.

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1. Yes

 

2. Why would you ask B anything? She needs to report for work. It may sound silly. But a visa is a passport stamp and a H1 petition is a H1 petition.

 

3. She would report for work and would be paid if necessary with a DOL complaint after the shutdown, until they terminate her in writing AND ALSO revoke the H1 petition.

 

4.  Visas cannot be revoked by employers.

 

5. She can apply for H4 status based on your pending H1 petition.

 

6. Yes

 

7. If your H1 petition is not approved by the time your L1 status ends maybe think about a different country.?

 

As said in the previous post you are asking too many questions and you will be better served by involving a Lawyer aand also staying away from employers not so kosher.

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Hi,
I am on a complicated visa issue and looking for your help and suggestions. 
 
I am on L1B Visa and my wife is in L2-EAD and she was working with an Employer B till 13 Sep 2013. My L1B visa and I-94 has expired on 22 Sep 2013 and my employeer A has filed L1 extension for me and L2 extension Extend Current staus for my wife on 20 Sep 2013. I will be completing 5 years in L1B on 17 Oct 2013.
 
My wife's employer B had filed for H1B for my wife and it was approved and was supposed to be effective starting 1 Oct 2013. Unfortunately due to 
financial issues, her employer had terminated the L2-EAD job on 13 Sep 2013 and will also be not able to give the job on H1 from 1 Oct 2013.
 
I have applied for H1B and had got a RFE which asks for additional documents.
 
The next steps i will be taking further are as below:
  1. Submit the documents for the H1 RFE and convert it to Premium processing so that i can get the results before 17 Oct 2013 before i complete 5 years in L1B.
  2. Apply for H4 change of status for my wife during my H1 RFE filing.
  3. If i dont get a decision by this time then i and my wife will leave US by 17 Oct 2013. After the visa is approved, I will get H1 Stamping and my wife will get H4 stamped(if she does not get a job by this time) and come back to US.
 
I have the following queries below:
  1. Since a L2 Extension was filed for my wife on 20 Sep 2013, will there be a change of status to H1 on 1 Oct 2013.
  2. Since the employer B will not be giving the job on H1 and will not pay, should i ask the employer to revoke her visa.
  3. If her visa is revoked, will it cause any issue in getting a new H1/ transfer to a new employer since she will not be having pay stubs in H1.
  4. If her H1 visa is revoked, and she gets a job in a new company, should we ask the new employer to file a new H1 cap exempt petition for her.
  5. Can a person have a H1 and then request for H4. In case her visa is not revoked by the time my employer files an H4 for her, will there be any issues.
  6. If we go to India for stamping after my H1 is approved, can my wife get H4 stamped with her H1B revoked or not revoked.
  7. Is there any way where i can stay beyond 1825 days (5 years) in L1B if my H1 visa is not approved by this time.
 
Thanks.
Looking for your valuable response.

 

1. If it was approved as COS from L1B to H1B I believe she is on H1B status from Oct 1st 2013. As she is not working she is out of status.

2. It is the duty of employer B to revoke her H1B petition. You have nothing to do with that.

3. Nope, as long as she stays in US on a valid status.

4. Yes.

5. No issues.

6. She can apply for H4 irrespective of her H1B revoked or not.

7. Since your I94 has expired but your H1B petition is pending for approval I would suggest you to leave US. I might be wrong.

 

Always confirm with an immigration attorney to decide your course of action.

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Any response is greatly appreciated.
 
If i am in H1, can my employer request for an H4 for my wife if her H1 visa is not yet revoked? (Employer B which processed her visa with COS on 1 Oct 2013 can now not give the job due to financial issues).
 
Is it mandatory for the employer to revoke H1 visa if they do not pay the salary?
 
What is the impact if my wife's H1 is not revoked and then a change of status is done to H4 and later some other employer C wants to provide a job to her.

 

Yes, irrespective of H1B revoked or not.

Yes, it is.

No impact

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