Confusion on H1b and H4 status !! Little urgent. Out of status risk

[mauv1619]

My wife got her new h1b approved on 3rd October 2013. She has a new job offer from xyz company.

Her empoyer cannot file the LCA since the DOL is down due to Government shutdown.

 

Based on my H1b, here H4 was approved prior to the H1b approval which she got on 3rd October 2013.

 

Please advice on the below questions I have.

 

- How long can she be on H1b status if government shutdown continues and her company cannot file the LCA ?

- Can she join the new job without LCA, based on her approved h1b ?

 

- Is there a chance that she will go out of status in 2 weeks from October 3rd ?

 

- Can she default to H4 visa if her H1b is revoked ? Or does she have to leave the country before the H1b is revoked ?

 

- Whats the actual policy / law regarding when a candidate is on H1b status, For how many days can a person stay without the Job ?

 

Please any advise will be appreciated.

[pontevecchio]

If the H1 petition is approved that means the relevant LCA was approved. I am puzzled?

[t75]

Why has she not reported to work for the employer whose approval notice she should hold? She may not remain any time on H1B without a job; she is out of status immediately.

 

[pontevecchio]

A tad simplistic. One does have a time frame to report for work. Once one reports for work then payment is due for work. The OP should be talking to a Lawyer about the matter.