H1B petition approved,no job yet,need to travel

[pradeep_2586]

 My wife came to US as a H4 dependent during Oct 2014 and she got a H4 stamping valid till Jun 2016. After this she got her H1B petition approved from a consultancy on Jun 2015 which is valid till Feb 2018. Her employer has been checking for opportunities since Oct 2015 but she is still not working.

 

Now my questions are below:

1. As she is still not working, will she be considered as H1 or H4 status?

2. Can she travel to India for a vacation on H4 status and come back on H4 before Jun 2016?

3. If yes for question 2, will there be any impact on her H1B status. Does she need to again apply for H1B status or anything?

 

Thanks

Prady

[rahul412]

If her H1 was approved with COS then she is in deep trouble. If the above statement is true then she needs to get paid every month on H1, if she is not then she is out of status and chances of H4 are less.

 

Contact an attorney for help. BTW how did that FRAUD employer filed H1 without a job?Who paid for H1 fee??

[JoeF]

 

 My wife came to US as a H4 dependent during Oct 2014 and she got a H4 stamping valid till Jun 2016. After this she got her H1B petition approved from a consultancy on Jun 2015 which is valid till Feb 2018. Her employer has been checking for opportunities since Oct 2015 but she is still not working.

 

Now my questions are below:

1. As she is still not working, will she be considered as H1 or H4 status?

2. Can she travel to India for a vacation on H4 status and come back on H4 before Jun 2016?

3. If yes for question 2, will there be any impact on her H1B status. Does she need to again apply for H1B status or anything?

 

Thanks

Prady

 

 

She HAS a job, with the H1 employer. The employer needs to pay her, even if he doesn't have a project for her. If she doesn't get paid, she is out of status.

If the employer doesn't want to pay her, she needs to file a complaint with DOL on form WH4. The DOL will make the employer pay her.

[pontevecchio]

She needed to get paid from October,1.2015. She needs to file a complaint and then leave and return in H4 status. This applies even more if the consultant is one of your own. Even if you paid for the H1, you have a duty to complain.