H1B to H4 In USA or Out of the Country ..

[oliveeagle]

Hello Freinds,

 

My Wife is on H1b which got approved on Dec-31-2014 and she is not able to find a project until now . Her Employer now wants to revoke her H1b. 

 

Below are my Questions ..

 

1. How Much time does we have to file the COS when he starts the revocation ?

 

2. How long does it take for the COS from H1 to H4 can i file this while staying here in USA  ?

 

3. If she goes  back to india and book an appointment at the consulate for H4 Visa is it sufficient or need to file a COS from india and then book a visa ?

 

4. what other options do i have converting her H1b to H4 ?

 

Thanks a Lot and Help Much Needed .. 

[jairichi]

Hello Freinds,

 

My Wife is on H1b which got approved on Dec-31-2014 and she is not able to find a project until now . Her Employer now wants to revoke her H1b. 

 

Below are my Questions ..

 

1. How Much time does we have to file the COS when he starts the revocation ?

 

2. How long does it take for the COS from H1 to H4 can i file this while staying here in USA  ?

 

3. If she goes  back to india and book an appointment at the consulate for H4 Visa is it sufficient or need to file a COS from india and then book a visa ?

 

4. what other options do i have converting her H1b to H4 ?

 

Thanks a Lot and Help Much Needed .. 

If your spouse had reported to employer she has to be paid whether a project is available or not. Otherwise file a complaint with DOL against employer.

1.  If she has already reported to employer and not paid she is currently out of status. She has to file now.

2. 3 to 4 months. Yes, it can be done while being in US by filing I539 application, supporting documents and fee.

3. If she wants she can travel back to India and apply for a H4 visa based on copy of your H1B I797.

4. Refer 2.

[nishant2808]

Hi,

 

What is meant by "reporting to employer"? 

 

Is there any way of not using the H1 and continuing on H4 till an applicant finds a project?

 

How long can an applicant not use his/her H1 or not report to the employer after Oct 2014 once the H1 is approved?

[jairichi]

Hi,

 

What is meant by "reporting to employer"? 

 

Is there any way of not using the H1 and continuing on H4 till an applicant finds a project?

 

How long can an applicant not use his/her H1 or not report to the employer after Oct 2014 once the H1 is approved?

Meeting with employer with intention to start work. An employee has 60 days when COS is approved. After that period employee is out of status. 

[Attorney_25]

When a change of status to H-1B is approved, the beneficiary should enter into employment with the employer immediately upon the start date of the approved H-1B petition or may be considered out of status. The "60 days" mentioned above is a period where the employer MIGHT not be considered liable for wages IF the employee has not presented him/herself for work, but does not relate to the beneficiary's status at all.

 

In certain situations, USCIS may forgive the time out of status if the beneficiary can show that it was not her fault that she was not paid. They may overlook a short time out of status in any case.

 

Leaving the US and reentering on an H-4 visa is an alternate to a change of status back to H-4. A person does not need to first have the H-4 application approved. In fact, a visa will not be issued based on proof of H-4 application approval. The consulate will want to see proof of the maintenance of H-1B status of the principal, including copy of the H-1B approval notice, in order to issue the H-4 visa.

 

If this person already has an unexpired H-4 visa stamped in her passport, she should not need to apply for a new H-4 visa, but can use her existing H-4 visa to reenter the US after departing to any country, such as to Canada. Again, she will need to show proof of the H-1B principal's status (H-1B approval notice, payslips, employment letter) in order to reenter.

 

If a person has had a change of status to H-1B approved and has presented herself to the employer as ready to start work, but the employer has failed to start employing her, the employer may be liable for back wages for all time from start of the petition to the point where the employer has gone through all steps to properly terminate the beneficiary from employment, including notifying the beneficiary and USCIS and paying the cost of return transportation to the home country.