H4 - H1 Conversion Questions

[nishant2808]

Hi,

 

My wife is currently on H4 and filing an H1 in April 2014 through an employer. Let us assume that she gets the H1 in Oct 2014. But say she cannot start working on a project due to some reason or may be she does not get a suitable project. 

 

1. Then can she continue to be on H4 till she finds a suitable project and then when she finds one can she or her employer activate her H1?

2. For how long can she not work due to above reasons after Oct 2014?

3. Does her payroll have to start from Oct 2014 itself? Or can it start when she gets a project?

 

Thanks

[jairichi]

 

Hi,

 

My wife is currently on H4 and filing an H1 in April 2014 through an employer. Let us assume that she gets the H1 in Oct 2014. But say she cannot start working on a project due to some reason or may be she does not get a suitable project. 

 

1. Then can she continue to be on H4 till she finds a suitable project and then when she finds one can she or her employer activate her H1?

2. For how long can she not work due to above reasons after Oct 2014?

3. Does her payroll have to start from Oct 2014 itself? Or can it start when she gets a project?

 

Thanks

 

1. If H1B petition is approved as COS then she has 60 days to report to employer. If she has not started working after that she is considered out of status.

2. Refer 1.

3. Refer 1.

 

Ask her employer to file her H1B as consular processing. In this way she can continue to stay on H4 and once a project is available she can exit and enter US with a valid H1B visa or employer files for COS from H4 to H1B and pay H1B fees again. 

[nishant2808]

Hi,

 

How is consular processing different than COS?

If the employer files H1 as consular processing now then does he need to pay H1 fees now as well as later if he files for COS from H4 to H1? Like paying double fees? I doubt any employer would do that.

 

Thanks

[jairichi]

Hi,

 

How is consular processing different than COS?

If the employer files H1 as consular processing now then does he need to pay H1 fees now as well as later if he files for COS from H4 to H1? Like paying double fees? I doubt any employer would do that.

 

Thanks

If filed as COS and if it gets approved there is no need to go for stamping to be on that status. On consular processing one has to exit and enter with appropriate visa to be on that status.

If employer files H1B now as consular processing and later files again for COS from H4 to H1B then H1B fees has to be paid twice.

[JoeF]

Hi,

 

How is consular processing different than COS?

If the employer files H1 as consular processing now then does he need to pay H1 fees now as well as later if he files for COS from H4 to H1? Like paying double fees? I doubt any employer would do that.

 

Thanks

She would have to get an H1 visa, and enter with that.

If the employer files an H1 COS when he has a project, yes, then the employer would have to pay the fees again.

A person in H1 status has to get paid, project or not.

That's one reason why it is best to avoid consulting companies and find a job at a real company.

[rahul412]

 

But say she cannot start working on a project due to some reason or may be she does not get a suitable project. 

 

If an employer is filing for an H1 then that employer has to job for that person. Getting projects is NOT your problem.