Academic H1B


smani01

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My wife was admitted in to US on a H4 visa. While here, she was offered an adjunct faculty position by a university who also petitioned for her H1B visa, which was approved. She taught for an academic year and her contract for the next academic year has not been renewed.

 

(1) does this mean her H1B has expired? If not, how much time does she have to find a new employer to transfer the visa.

 

(2) assuming my PERM and I-140 are approved, would my wife qualify to work under H4-EAD even if I change employer? 

 

(3) if my wife travels to India, would she have to go to the consulate for visa stamping?

 

Thank you!

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Thank you JoeF!

 

The employment letter refers to a three year appointment and only 1 year has passed - there has been no verbal or written communication stating the appointment has been terminated. Under this context, should we still file for a COS to H4?

 

This is because if we are told sometime later in Summer about a teaching duty in Fall or later in Fall about an assignment in Spring, the H1B papers may have to be refiled unnecessarily. 

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The university would have to pay her if she still is in H1.

If the contract didn't get renewed, the employer is required by law to inform USCIS that she no longer works there.

To avoid falling out of status, she needs to get into some other status, e.g., H4, as dependent on your H1.

The university would have to file a new H1, anyway, if they hire her back.

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Thank you JoeF and pontevechhio for your advise. She did contact her supervisor with no response. The HR has no clue either and told us to contact the department.

 

We spoke to an attorney who said she must exit the country ASAP and go the visa interview/consulate route since filing for change of status within US would take 7 to 8 months.

 

I also read in this thread http://forum.murthy.com/index.php?/topic/73103-change-of-status-from-h1-b-to-h4-requiredsupporting-documents/ thatCOS filing must be done before the end of employment, when one wants to do COS from within US.

 

I'm just baffled something as important as whether one's position has been terminated, was not communicated by the employers! Since we do not have any information other than the fact that she is not assigned any courses for the upcoming semester yet (although the employment offer letter itself talks of a 3 year term), to be safe, we are busy filling up the DS-160 and also in the process of reserving flight tickets.

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My wife was admitted in to US on a H4 visa. While here, she was offered an adjunct faculty position by a university who also petitioned for her H1B visa, which was approved. She taught for an academic year and her contract for the next academic year has not been renewed.

 

(1) does this mean her H1B has expired? If not, how much time does she have to find a new employer to transfer the visa.

 

(2) assuming my PERM and I-140 are approved, would my wife qualify to work under H4-EAD even if I change employer? 

 

(3) if my wife travels to India, would she have to go to the consulate for visa stamping?

 

Thank you!

hi,

 

I have some experience in this matter, and it happens more often than you may assume (more with educational institute). More if employer or his advisor (immigration lawyer) is not literate in immigration law.

 

With educational institute (as per my experience) contract is for a academic year which may/may not include 12 months. Sometime they club full contract salary into 10 months, or in some case, distribute it across 12 months (less sal per month). In both case, your total salary should be more than LCA. 

 

2 ways to deduce if she incurred any out of status days.

 

1) In her last(first) contract, what was the duration (academic year? or months) and what was the salary mentioned? if your wife got equal to what was mentioned, and if it is more than LCA for that position for that area. You might be safe.

 

2) if she has medical insurance from her employer and if she still has that insurance.

 

if answer of both the questions are positive, then she is not in a mess. But still you should follow what other members are saying (going out and coming back with H4 status).

 

 

 

regarding EAD, i will suggest you get wife's EAD before planning to move to a new employer.

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  • 2 weeks later...

Thank you very much Rohang.

 

<<Do you mean the supervisor did not refer her to the Immigration lawyer for the university?

 

exactly! the lawyer team or the international scholars office was not involved at all - in fact the fact that my spouse was terminated came to light only upon asking and that too some 5 days later

 

looks like things are completely messed up - what more proof you want than the fact that the HR had no clue about the employment status!

 

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