H4 and H1 query


kriskav8587

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I am in US and my wife is India.

An employer is ready to apply for H1 for my wife's skillset in 2015 Cap if she is in US on H4 before Mar 31st 2015

 

My wife has plans of not working till May 2016 because of some personal reasons. So if H1 is applied for 2015 Cap and the petition is approved, does she have to work from Oct 2015 (she is still in US) or can she continue on H4 till May 2016 and then work from then under the same employer on H1.

 

Any help is much appreciated.

 

 

 

 

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I am in US and my wife is India.

An employer is ready to apply for H1 for my wife's skillset in 2015 Cap if she is in US on H4 before Mar 31st 2015

 

My wife has plans of not working till May 2016 because of some personal reasons. So if H1 is applied for 2015 Cap and the petition is approved, does she have to work from Oct 2015 (she is still in US) or can she continue on H4 till May 2016 and then work from then under the same employer on H1.

 

Any help is much appreciated.

If applied as COS and approved she will be on H1B status from Oct 1st.

What makes you think that her employer will not revoke her H1B petition, if approved and she does not report to work?

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