friend's wife lost her job (friend has H1) - need advise

[mkovalan]

Hi,

My buddy's wife lost her job two weeks ago. She was on H1B1. He is on H1B1 and his GC application is with DOL in San Francisco.

His wife's situation is as follows:

a.) H1B1 visa with a company in connecticut
b.) She got married to my buddy and moved to San Francisco
c.) She got a job and had started the H1B1 transfer process
d.) She hasn't heard back from the H1B1 transfer but has lost her job (four months of employment)

Her status can be changed to be H4 under my buddy's H1B1.

My questions are:

a.) How long should she wait before she applies for a status change? What's her legal status now?

b.) What's the likelyhood of her getting a transfer on her H1B1 if she finds a new job (sooner or later).

c.) What are the complication of tranfering her existing H1B1 if she finds a job (sooner or later).

Any other advise will be helpful.

Thank you,
Kovalan

 

[jaxen2]

It is always poses a dilemma. Your friend's spouse has to decide one way or another. Attempting a h1 transfer beyond one month being out of status (current status) is risky. Beyond 90 days, might result in H1 rejection.
Once H1 to h4 is filed, the only way to get back on H1 is to do a new H1 and get the H1 stamped in a US consulate (the travel for which will abandon the H1 to h4 )

 

[mkovalan]

thanks!

i think we have an idea on what to do. thanks for the tip.