H4 to H1

[ARKannappa]

Hi,

 

My wife came to US on H4 last year.We applied for H1 COS in April 2013.Her H4 got expired on Sep 30,2013.We applied for extension of her H4 Visa as her H1 decision was pending at that time .Now she got her H1B approved on NOV 27,2013.Below are my concerns, please help me.

       1.I sent a letter to USCIS to withdraw her H4 extension.But still the status shows the case is in initial review.If we call to USCIS help line, they are saying it will take more than a month to reflect in system.What if it gets approved before that.

       2. She is expecting to deliver a baby by March 1st week.Hence most of the interviews she is getting rejected due to this.What are the options if she didn't get a job till March 2014.

[jairichi]

Hi,

 

My wife came to US on H4 last year.We applied for H1 COS in April 2013.Her H4 got expired on Sep 30,2013.We applied for extension of her H4 Visa as her H1 decision was pending at that time .Now she got her H1B approved on NOV 27,2013.Below are my concerns, please help me.

       1.I sent a letter to USCIS to withdraw her H4 extension.But still the status shows the case is in initial review.If we call to USCIS help line, they are saying it will take more than a month to reflect in system.What if it gets approved before that.

       2. She is expecting to deliver a baby by March 1st week.Hence most of the interviews she is getting rejected due to this.What are the options if she didn't get a job till March 2014.

1. If her H4 gets approved now she would go back to H4 status according to last action rule.

2. I understand that she has joined her employer from Nov 27th 2013. If she is not being paid then she is out of status. She has to be paid whether project is available or not. Otherwise she has to file a complaint against employer with DOL. If she is planning to take a break due to her pregnancy it would be better to apply for a COS to H4 and later when she is ready to work (after delivery) to start looking for an employer who is willing to file a cap exempt H1B petition and on approval start working.

[t75]

She must be paid at all times. Pregnancy is not a disability and she must be willing to work anywhere the employer sends her (even to Alaska).