H1-H4 Conversion

[Abdul Raquib]

Hi,
Currenly I am with Employer A on H1 B, In Nov 2004 Employer B has filed H1B for me and H4 for my wife and has approved reciept, during that time my wife was already on H1B(since Oct 2004) and has payroll running.
I will be working for Employer B starting 11th July 2005, and my wife wants to rollback to H4 Status with Employer B, my wife's employer has filed for termination two days ago.

In order for her to acquire H4 status with Employer A, Does she need to file/inform INS for adjustment status from H1-H4?

If not, what will happen to the SSN aquired with her Employer, does she need to surrender and get a new TIN (TAXID)?

YOur help is greatly appreciated.

Thanks,
Abdul

 

[great guru]

Hi,
Currenly I am with Employer A on H1 B, In Nov 2004 Employer B has filed H1B for me and H4 for my wife and has approved reciept, during that time my wife was already on H1B(since Oct 2004) and has payroll running.
I will be working for Employer B starting 11th July 2005, and my wife wants to rollback to H4 Status with Employer B, my wife's employer has filed for termination two days ago.

In order for her to acquire H4 status with Employer A, Does she need to file/inform INS for adjustment status from H1-H4? Definitely YES. Imagine if she is alone here with H1, what she will do? She has to go back to home country if she not able to get a job immediately. Since you are here she can attach to you as a dependent (h4) from independent H1
If not, what will happen to the SSN aquired with her Employer, does she need to surrender and get a new TIN (TAXID)?

No need to surrender anything, but do not work with out a H1.
Now your wife need to change to H4. After 6 months Insha Allah, she gets a job again, then she has to change the status from H4 to H1. (she can change h4 to h1, H1 to h4 many times, no limit )Since she has SSN, she can start working staight away.
YOur help is greatly appreciated.



Thanks,
Abdul

 

[Abdul Raquib]

Hello,
Thanks for the info, I had a typo in this question below earlier :

>>
In order for her to acquire H4 status with Employer B, Does she need to file/inform INS for adjustment status from H1-H4? , the Employer B has already filed for H4 in Nov 2004, and now he says, If I work for him, her status will be understood as H4 by INS as long as her H1 is terminated and she doesn't work.

Any suggestions?

Abdul

 

[great guru]

Hello,
Thanks for the info, I had a typo in this question below earlier :

>>
In order for her to acquire H4 status with Employer B, Does she need to file/inform INS for adjustment status from H1-H4? , the Employer B has already filed for H4 in Nov 2004, and now he says, If I work for him, her status will be understood as H4 by INS as long as her H1 is terminated and she doesn't work.

Any suggestions?

Your wife's H1 is no more valid, in order to be in status she has to file H1 to H4. Unless you change this status, she will be considered H1 and she will be out of status because she already laid off.

If you are here with H1, your wife may be H1 or F1 student or at home country. How does INS understand that she is in H4?
Abdul