h-1 and long leave, transfer without pay stubs, h1-h4

[raj_dc]

My wife works for a top-tier IT consultng firm in India.
She has an H-1 valid till Feb'04. But her company sends her to the US on an h-1 only when projects are available. As a result,
we do not have recent pay stubs. Further, at present there are no projects for her company in the area where I live. We have the following questions:

a. Can she apply for long leave (without pay) and enter the US on the h-1 she holds? She could stay here till a project opening comes up...

b. Given that she doesn't have recent pay stubs owing to the nature of her job, is there still someway we can get her h-1 transferred ?

c. If getting an h-4 is the only way to join me, is there any way her h-1 can be still valid after applying for an h-4?

d. IF after coming to the US on an h-4 , her current or any other employer is willing to put her on a project with an h-1 visa, what are the potential complications? does she have to go out of the country to start working? Is there premium processing for h-4 to h-1? If so, how long does it take?


Thanks much
Raj

 

[jaxen]

a. Unless this long leave option is available to all the employees in that company or it was specified in the contract, this will be a risk. While entering US she might not have a problem. But if you are doing a H1 transfer or GC then this will be trouble- even considered illegal.

b. No other way. However she can do a new H1. Go out of US, get the new H stamp (citing resignation/termination from old company) and start working for the new company

c. Most of the time the US consulate cancel the old h1. One cannot be on 2 different non-immigrant visas at the same time.

d. No complications. Safest and legal. She can start working as soon as H1 approval is obtained. PP will cost 1000$ more but the turnaround time is less than 15 days. Later if she leaves US and wants to come back in H1, she needs to get a new visa stamp is the only draw back(minor).