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 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,

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,

 

I believe her original H1B petition was approved as consular processing. Later same employer applied for COS from H4 to H1B, am I right? If this is the case, your spouse working while her COS from H4 to H1B is in progress is considered illegal or unauthorized employment.