Hi folks,
I just love this forum. Amazing resource for people who can't afford to go see a lawyer.
Could someone please advise based on the info below?
Situation: My wife entered the US in 2007 on H4 from India. She then got hired by this Indian Consultant Company that applied for an H1 for her to start working. The petition was picked in the lottery and was also approved. Her H1 start date was Oct 1st of 2008. She has been on the bench since then until now with no pay and paystubs. Her employer is now asking her to switch back to H4 via COS application and continue to look for a client project. The employer added that she can once again switch back to H1 upon getting a project.
Q1: Is she out of status now? Is there a grace period to stay unpaid on H1? I hear it is 3 months. True?
Q2: Is an H1 transfer possible in case she gets a new job offer from another company?
Q3: Was are the risks associated with changing her status back to H4?
Q4: If we do go ahead and put her back on H4, will it be hard to bring her back on H1 later on when she gets a job?
Please help ASAP since we are at a pretty serious state right now and we need to act asap!
Thanks a lot!
Ram
I just love this forum. Amazing resource for people who can't afford to go see a lawyer.
Could someone please advise based on the info below?
Situation: My wife entered the US in 2007 on H4 from India. She then got hired by this Indian Consultant Company that applied for an H1 for her to start working. The petition was picked in the lottery and was also approved. Her H1 start date was Oct 1st of 2008. She has been on the bench since then until now with no pay and paystubs. Her employer is now asking her to switch back to H4 via COS application and continue to look for a client project. The employer added that she can once again switch back to H1 upon getting a project.
Q1: Is she out of status now? Is there a grace period to stay unpaid on H1? I hear it is 3 months. True?
Q2: Is an H1 transfer possible in case she gets a new job offer from another company?
Q3: Was are the risks associated with changing her status back to H4?
Q4: If we do go ahead and put her back on H4, will it be hard to bring her back on H1 later on when she gets a job?
Please help ASAP since we are at a pretty serious state right now and we need to act asap!
Thanks a lot!
Ram