H1B to H4 and then back to H1

[rajasekhar1203]

Hi,

 

My spouse entered US on a H4 visa. Later we filed for a H1b in 2015. The H1b was approved on September 2015 for an year till September 2016. The consultancy promised that they have jobs available on one of the technology. So while we are waiting for the H1B approval, we took training classes and stuff to get familiar and improving the chances of getting a job. However, after her H1b was approved, the marketing team could not find a job. We are still looking out for a job since Oct 2015. We spoke to him regarding running the pay stubs, which we was very reluctant. Finally he agreed to run the pay stubs, if we pay him the taxes ( which he is asking $2000 per month). He suggested on going back to H4 and then look for a job and then come back to H1.

 

My question is

1) Can my spouse convert from H1 to H4, and stay in US and search for a job?

2) The initial H1 was approved till Sept 2016, if my spouse could not find a job( while he is on H4) till sept 2016, what will happen in that case? will his H1b be cancelled and could not be extended?

 

any help will be greatly appreciated.

[rahul412]

She is currently out of status for not getting paid on H1, so her COS to H4 will be rejected. Paying for generating fake paystub is felony and it leads to deportation.

 

The ONLY solution is to file a complaint against that FRAUD employer for not paying her monthly salary on H1. This is the ONLY option you have.

 

BTW how did that fraud employer filed H1 without a job? So you paid for her H1?

[pontevecchio]

1. She should file a complaint against the employer with the DOL.

2. She should explore options with the firm of Murthy or any of your choice.

 

Even if money changed hands the H1 employer is liable for making false promises to the USCIS . Even if he is one of your own please go ahead and have your wife file the complaint and talk to a Lawyer.