filing H1b please help..

[dvs]

Hi,

I'm currently in US on H4 and planning to file H1b in April 2009. My questions are :

1) Can I file H1b without COS ?

2) Can I file for COS whenever I get project, for eg say in Jun 2010 ?

3) If my employer convert back to H4 from H1 incase I don't find a project ? And then can my employer re-file my H1b whenever he finds me a project ?

Appreciate your response.

 

[ginnu]

Hi,

I'm currently in US on H4 and planning to file H1b in April 2009. My questions are :

1) Can I file H1b without COS ?
-------------------You dont file H1. US employer can file COS from H4 to H1 OR fresh H1
2) Can I file for COS whenever I get project, for eg say in Jun 2010 ?
--------------Once H1 gets approved and you are in US then you need to work from Start date of H1. US employer MUST pay you wages. Project or no project Employer has to pay. If employer does not have work for you then why to file H1??
3) If my employer convert back to H4 from H1 incase I don't find a project ?
-------------if you are on H1 and out of Status(no pay on H1 or no pay stubs) then USCIS can deny H1 to H4 COS. FYI employer dont file H1 to H4 COS. H1 to H4 COS has to be filed by you(Lawyer fee+USCIS fee)
And then can my employer re-file my H1b whenever he finds me a project ?
--------------------if the employer dont have work better not to go from H4 to H1 COS.
Appreciate your response.

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