H1b approved but started

[nazeem.khan]

Hi,

I have a situation very similar to others have posted on retaining the H1B.

I applied H1b for my wife this year and got selected from the lottery and received approved H1B this month. Due to some reason she didnt join the company and the last thing heard from the employer is that he is going report to USCIS about not joining and possibly he is going to revoke the H1B.

My question similar to others who asked about COS:

1) Since she is no longer under payroll, is it wise to do COS from h1b to h4?

2) My current employer is finding her project. Once she received the offer from my employer, can she do a h1b transfer under cap exemption? Does needs payslips from the previous employer but she didn't work for single day?

Please do provide your valuable answers.

Thanks

[pontevecchio]

1. Since she is out of status she needs to leave and return on a H4 visa.

2. Then any H1 sponsor can file a H1 petition for her with or without COS.

[itsmeusa]

1. Should do COS from H1b to H4 before the employer sends H1b revokation request to USCIS.

2. Yes, this extension will be cap exempt. To the best of my knowledge, payslips from previous employer are required when you are doing H-1b transfer. In your case, it's COS from H4 to H1b. On H4, there is no work, no employer, no payslips, hence no issues...

[t75]

If YOU applied for your wife's H1B, it is obvious that she is unqualified to work in the US or she would have applied herself.

 

She should be reported as a fraud.

[nazeem.khan]

Thanks people for prompt response.