H4 to H1 COS

[kumar_1985]

My wife has got her H1 approved in oct 12 and she is still in the search of job.

 

1.To what max extent can she be on H1 without payroll

 

2.If she applies for COS to H4 what are the further steps if we want to convert back to H1 is she considered under cap exempt

 

Can you please help me with the clarifications for the above.

 

Thanks

 

[jairichi]

My wife has got her H1 approved in oct 12 and she is still in the search of job.

 

1.To what max extent can she be on H1 without payroll

 

2.If she applies for COS to H4 what are the further steps if we want to convert back to H1 is she considered under cap exempt

 

Can you please help me with the clarifications for the above.

 

Thanks

1. Zero days.

2. She is out of status and there fore cannot file for COS in US. Once she is on H4 status a new employer has to file a cap exempt H1B petition with COS from H4 to H1B.

 

It is duty of employer to find projects and pay H1B employee even on bench. Your wife has to file a complaint with DOL against her H1B employer. This will help her to apply for COS to H4 or move to a new H1B employer.

[rahul412]

My wife has got her H1 approved in oct 12 and she is still in the search of job.

 

1.To what max extent can she be on H1 without payroll

 

2.If she applies for COS to H4 what are the further steps if we want to convert back to H1 is she considered under cap exempt

 

Can you please help me with the clarifications for the above.

 

Thanks

1. Is she looking for job since 2012. If this is true then you are in serious trouble. Your wife has to get paid every month on H1, her employer has to pay her every month. If not she is will be out of status during that time

 

2. I don't think her COS will be approved bcos she needs latest pay stubs for approval.

 

Contact an attorney ASAP and file a complaint against her FRAUD employer for not paying her salary on H1. That's the ONLY option you have now.