URGENT: H1B processing & H4 extension together


Karthik814

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Background:

This is Karthik, this year my wife H1 got picked up in lottery and currently in RFE and she wanted to work from Next year April 2015 though it is approved, due to expected child birth in November, 2014.  My H1 & my spouse H4 are getting expired by this September 30th, 2014. 

 

 

Question:

 

  I am thinking whether to apply her H4 extension or not based on the following factors:

 


a. If I hold on H4 extension for my wife for 1 month, and then based or her H1B's decision if i decide to file H4 extension , is it possible to file her extension with out even getting my H1B extension approval ?

 

b. If I go for H4 extension now itself, and if H4 approved after her H1B has been approved, then status will change to H4 from the date on the approval notice.


  •        Does her H1 status will go dormant ?
  •        Will it be fine to maintain  H1B in in dormant and how long we shall maintain like that ?

    I understood that, we may file a change of status petition at a later date. But I wanted to clearly understand 


  •     How risky(success rate) is that change of status from H4 to H1 is? 
  •     How much does this h4 to h1 COS process Costs ? 
  •     I am assuming this COS to H1 is not like filing a new H1 in the cap in April 2015, as she already has an approved H1b. Please confirm.?
  •     How long does this whole COS process takes ? 
  •     How soon can she start working after filing COS i.e  can she start immediately after filing COS or needs to wait until the approval to start working ? 
c. What is H1B amendment ? i.e If her H4 gets approved after H1B has been approved, Can we file H1B amendment asking them to postpone the H1B starting effective date to Apr 2015, since she wants a delay to start her work.   


  •     How much does this amendment costs ? 
  •     How long does this amendment process takes? 
  •     How risky(success rate) is this ? 
  •     When do we have to start this amendment process? i mean before Oct 1st itself ?
d. What are the best options for her to delay her work till Apr 2015.?


 

e. Her employer is saying not to go for H4 extension now, as she anywayz getting H1 status from October. But she wants to work from April 2015, when i tell the same to employer, they said they can still maintain the H1B status though she is not working by only paying the employer tax ? Is it a problem for her in the future because she doesn't get any paystubs as employer is not running the payroll?



 

Note: Employer has filed her H1B petition with COS. so, the status will go to H1 once it approves.

 

 

 

Could you please answer all these questions inline, so that it will clear off my confusion and routes me to a better solution.  Thanks for understanding !

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a. A H4 extension can be applied only based on your H1B petition approval.

b. She will be on H4 status. Anytime later she wants to move to H1B an employer has to file a cap exempt H1B petition and on approval she can start working.

c. Since your spouse has no plan to work H1B employer has to revoke H1B petition. This will not affect future H1B petitions filed by prospective employers. Later an employer can file a cap exempt h1B petition.

d. Move to H4 and later employer files Cap exempt H1B.

e. She needs to be paid salary on H1B. Otherwise she is considered out of status. Do not believe this employer.

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  • 2 months later...

 

Background:
This is Karthik, this year my wife H1 got picked up in lottery and currently in RFE and she wanted to work from Next year April 2015 though it is approved, due to expected child birth in November, 2014.  My H1 & my spouse H4 are getting expired by this September 30th, 2014. 
 
 
Question:
 
  I am thinking whether to apply her H4 extension or not based on the following factors:
 
a. If I hold on H4 extension for my wife for 1 month, and then based or her H1B's decision if i decide to file H4 extension , is it possible to file her extension with out even getting my H1B extension approval ?
 
b. If I go for H4 extension now itself, and if H4 approved after her H1B has been approved, then status will change to H4 from the date on the approval notice.
  •        Does her H1 status will go dormant ?
  •        Will it be fine to maintain  H1B in in dormant and how long we shall maintain like that ?
    I understood that, we may file a change of status petition at a later date. But I wanted to clearly understand 
  •     How risky(success rate) is that change of status from H4 to H1 is? 
  •     How much does this h4 to h1 COS process Costs ? 
  •     I am assuming this COS to H1 is not like filing a new H1 in the cap in April 2015, as she already has an approved H1b. Please confirm.?
  •     How long does this whole COS process takes ? 
  •     How soon can she start working after filing COS i.e  can she start immediately after filing COS or needs to wait until the approval to start working ? 
c. What is H1B amendment ? i.e If her H4 gets approved after H1B has been approved, Can we file H1B amendment asking them to postpone the H1B starting effective date to Apr 2015, since she wants a delay to start her work.   
  •     How much does this amendment costs ? 
  •     How long does this amendment process takes? 
  •     How risky(success rate) is this ? 
  •     When do we have to start this amendment process? i mean before Oct 1st itself ?
d. What are the best options for her to delay her work till Apr 2015.?
 
e. Her employer is saying not to go for H4 extension now, as she anywayz getting H1 status from October. But she wants to work from April 2015, when i tell the same to employer, they said they can still maintain the H1B status though she is not working by only paying the employer tax ? Is it a problem for her in the future because she doesn't get any paystubs as employer is not running the payroll?
 
Note: Employer has filed her H1B petition with COS. so, the status will go to H1 once it approves.
 
 
 
Could you please answer all these questions inline, so that it will clear off my confusion and routes me to a better solution.  Thanks for understanding !

 

Hi Karthik,

 

I am also in the same situation.can you please respond me which solution you find out to come from the situation.My h4 is valid till 30th sept and I have my h1b approved by Premium processing.I am also have my due in the month of nov so can not start working from 1st nov.I get to know that if my h4 extension get approved after h1b effective date i.e after 1st oct -H1B will get invalid and will have to again go through the quota as there is no COS h4-h1 is available in such case.

 

Also one more thing like as h4 is valid 30th sept that means new h4 will effective from 1st oct -In case if the H1B and H4 have the same effective date which will be taken in to consideration as per last action rule...H1OR H4??

do they consider the last approval date OR Effective date for the final status?

 

I hope you must got something over this situation-I am about to withdraw my H4 Extension so your opinion will definately help me a lot.

 

Please respond!!

 

Thanks

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