Change of status - H4 to H1

[roshanfernando]

Hi,

 

a) My spouse's H4 to H1 Change of status is in RFE. Her current H4 is valid till 2018.

In case, if the COS gets rejected/denied, can my spouse continue to stay in H1 status since it is valid till 2018? [More info: Her H4 validity till 2018 is an extension while in US, and is not stamped in passport]

 

b) If the Change of status from H4 to H1 Change of status gets approved, is there a timeline on when she needs to start work? Due to personal issues, she might not able to start work for about a year, and can start after that. How does this work? If she starts work late, is there any  process to be followed?

 

Please help.

[jairichi]

a. If her I94 is valid and you maintain valid H1B status then she is fine.

b. She has 60 days to report to employer after H1B approval. If not she has to apply for COS to H4. By law employer has to revoked H1B petition if she fails to join them after approval.