H1 to H4 conversion.

[jvkashyap]

VERY URGENT: H1 to H4 conversion.

I have a question regarding the immiigration rules.

My friend came to US on May1st 2006 on a H-1B visa couple of weeks back. The project that she was supposed to start working on, got terminated due to budget problems. Now the HR of the company is asking her to come back to India.
Her husband is on H-1B visa too. What are her options:
1) Can she switch from the employer who sponsered her H-1B to a different employer in US? If yes, do the INS ask for the paystubs. She didn't work on the project, so no paystubs given.
2) Can she switch from H-1 to H-4? If so, what is the procedure to do so. WIll it be a problem to switch back to H-1 in the near future.

Her HR rep says that she can't stay in US without a project and it will cause legal implications? They are asking to come back to India and giving her 2-3days time limit. What could be the legal implications if she stays on the H-1 with the same employer but without a project. She is trying to get in touch with other clients to procure a project, but will take a couple of weeks. Your advice/suggestions will really help my friend resolve the problem.

 

[GotPR?]

1) Can she switch from the employer who sponsered her H-1B to a different employer in US? If yes, do the INS ask for the paystubs. She didn't work on the project, so no paystubs given.

She can transfer to other company, but CIS will ask for paystub.

2) Can she switch from H-1 to H-4? If so, what is the procedure to do so. WIll it be a problem to switch back to H-1 in the near future.

Yes she can. Minor issue is when she comes back to H1 next time , remaining H1 period will be shorter as H1 + H4 period is counted toward 6 years(There is some new rules that H4 period will not be counted toward H1 6 years, but I do not think it is in effect at this moment)

Her HR rep says that she can't stay in US without a project and it will cause legal implications? They are asking to come back to India and giving her 2-3days time limit. What could be the legal implications if she stays on the H-1 with the same employer but without a project. She is trying to get in touch with other clients to procure a project, but will take a couple of weeks. Your advice/suggestions will really help my friend resolve the problem.

To be strict, she can not stay without job as far as she is on H1, but 2, 3 weeks stay w/o job may be OK.