Change from h4 to h1

kman75

Registered Users (C)
My wife is currently on H4 visa in the US. She has a job offer from a company which is going to sponsor her H1 visa. I have a couple of questions regarding the change to H1.
1) Does her status change automatically from H4 to H1 on the day the H1 petition is approved? Or does it change only if she joins the job?
2) After the H1 is approved, is there a period before which she has to join that job? For example, can she wait for 6 months if necessary (assuming her employer is ok with it)
3) For the purpose of meeting wages requirement, is the period between the approval of H1 and actual start of employment excluded?
4) Do wages need to be at regular intervals? I heard the total income in the calendar year is all that matters? Is this true?
Thanks for your patience and help
 
My wife is currently on H4 visa in the US. She has a job offer from a company which is going to sponsor her H1 visa. I have a couple of questions regarding the change to H1.
1) Does her status change automatically from H4 to H1 on the day the H1 petition is approved? Or does it change only if she joins the job?

---- The day she gets COS approved she will be on H1 status.
2) After the H1 is approved, is there a period before which she has to join that job? For example, can she wait for 6 months if necessary (assuming her employer is ok with it)
---- I hope she should join ASAP (not sure others may help) because she changed from H4 to H1 because job was available for her and that was the base of her H1 approval, now if she does not work on H1 I hope she will not be maintaining H1 status
3) For the purpose of meeting wages requirement, is the period between the approval of H1 and actual start of employment excluded?

----- the wages as on LCA should be paid from the date employee joins the employer
4) Do wages need to be at regular intervals?
----- yes, some pay weekly some biweekly some are paid monthly
I heard the total income in the calendar year is all that matters? Is this true?

------ Pay stubs are must


*** I suspect she does not have job on H1 or employer who filed H1 for her has no job at this time if that is the case she should immidiatly again file H1 to H4 change of status
 
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