H1B to H4 change of status

[prantikg]

Hi All,

 

I am working in H1B and my wife was under H4.

My petition is valid till Dec 2016.

This October 1st she got her H1B. She got her SSN on Oct 15.

But she has not started working. 

We are planning to go to India on Nov 27th.

Can she stamp her H4 in India and come back ?

After that when she gets a job she can file a change of status to H1B and start working ?

 

Could someone please guide me on this.

 

Thanks in advance.

[JoeF]

She HAS a job, with the employer who filed her H1.

She needs to get paid.

[jairichi]

If your spouse is not being paid on H1B she is out of status. She needs to file a complaint with DOL against employer.

Yes, she can go for H4 visa interview and she needs a copy of your I797.

Only an employer can file COS from H4 to H1B after she enters US with H4 visa.

[rahul412]

Hi All,

 

I am working in H1B and my wife was under H4.

My petition is valid till Dec 2016.

This October 1st she got her H1B. She got her SSN on Oct 15.

But she has not started working. 

We are planning to go to India on Nov 27th.

Can she stamp her H4 in India and come back ?

After that when she gets a job she can file a change of status to H1B and start working ?

 

Could someone please guide me on this.

 

Thanks in advance.

If her H1 is filed that means she has a job.

If she has reported to her employer then currently she is on H1 and she needs to get paid every month.

 

Yes, she can get her H4 but filing COS to H1 means filing another H1.

[prantikg]

No she doesn't have a project now. So she is on leave now.

That's why we are planning to stamp H4.

Then once she gets a project she can change her status to H1B.

Is that possible.

[jairichi]

No she doesn't have a project now. So she is on leave now.

That's why we are planning to stamp H4.

Then once she gets a project she can change her status to H1B.

Is that possible.

There is no unpaid leave on H1B by being in US. She is out of status. She can get a H4 visa stamp based on your I797. Only employer can file COS to H1B.

[pontevecchio]

The employer can of course lay her off though he has to pay her the salary until that time. She has to be paid even on bench. If he lays her off in writing with her dues enclosed she can change status to H4. SSN has nothing to do with starting work. On the other hand she can leave and return with the H4 visa. She can complain to the DOL after talking to a Lawyer. Did the employer chatge for the H1?

[JoeF]

No she doesn't have a project now. So she is on leave now.

That's why we are planning to stamp H4.

Then once she gets a project she can change her status to H1B.

Is that possible.

 

There is NO such thing as being "on leave" on H1.

She need to get paid, even if the employer doesn't have a project for her! That's the LAW!

File a complaint with DOL on form WH4.

[rahul412]

No she doesn't have a project now. So she is on leave now.

That's why we are planning to stamp H4.

Then once she gets a project she can change her status to H1B.

Is that possible.

No, she is on BENCH. Not on leave, and on H1 a person on H1 even if he is on bench should get paid.

 

If she has an H1 approval that means the person who filed her H1 has a job for her. Getting projects is not her problem.

And if she is not getting paid then she is considered as out of status.

Yes she can get H4 but getting H1 when (if ) she was out of status earlier is risky.