H4 to H1

[newbee1]

Hi,

 

Here is my wife's case...

 

1. She applied for H1 and has H4 visa(while in india).

2. She has came to US on H4.

3. Her employer applied for COS from H4 to H1.

4. While her COS is still under processing, her employer got her a project quoting she is eligible to work as he is her H1 employer and its already past october 1st from when she is eligible to work.

5. Mean while he has sent a LCA stating he made her to work while her COS is still in process.

6. Now her COS is approved, but she has worked and has valid paychecks while still the COS is in processing.

 

Now she is planning to visit india in the near future at the time she may need to go for stamping.

 

Is it ok to go with the same employer or should she change her employer to go for stamping.

 

Please let us know how VO will respond to her case. 

 

Thanks,

 

 

 

[jairichi]

Hi,

 

Here is my wife's case...

 

1. She applied for H1 and has H4 visa(while in india).

2. She has came to US on H4.

3. Her employer applied for COS from H4 to H1.

4. While her COS is still under processing, her employer got her a project quoting she is eligible to work as he is her H1 employer and its already past october 1st from when she is eligible to work.

5. Mean while he has sent a LCA stating he made her to work while her COS is still in process.

6. Now her COS is approved, but she has worked and has valid paychecks while still the COS is in processing.

 

Now she is planning to visit india in the near future at the time she may need to go for stamping.

 

Is it ok to go with the same employer or should she change her employer to go for stamping.

 

Please let us know how VO will respond to her case. 

 

Thanks,

Your wife working when her COS from H4 to H1B is pending is considered as illegal or unauthorized employment.

[newbee1]

Hi,

Thanks for the reply. I missed here one step.

Here is my wife's case...

 

1. She applied for H1 and has H4 visa(while in india).

2. She has came to US on H4.

3. Her H1 is approved.

4. Her employer same applied for COS from H4 to H1(which is already approved with the same employer).

5. While her COS is still under processing, her employer got her a project quoting she is eligible to work as he is her H1 employer and its already past october 1st from when she is eligible to work.

6. Now her COS is approved, but she has worked and has valid paychecks while still the COS is in processing.

 

Please let me know about this.

 

Thanks,

[jairichi]

 

Hi,

Thanks for the reply. I missed here one step.

Here is my wife's case...

 

1. She applied for H1 and has H4 visa(while in india).

2. She has came to US on H4.

3. Her H1 is approved.

4. Her employer same applied for COS from H4 to H1(which is already approved with the same employer).

5. While her COS is still under processing, her employer got her a project quoting she is eligible to work as he is her H1 employer and its already past october 1st from when she is eligible to work.

6. Now her COS is approved, but she has worked and has valid paychecks while still the COS is in processing.

 

Please let me know about this.

 

Thanks,

 

So, your spouse's initial H1B with employer was approved as consular processing. Later same employer filed for COS from H4 to H1B and she started working while COS was being processed, am I right? If it is the case your spouse working when COS was being processed is considered illegal or unauthorized employment.