H4 - h1b - h4

S

ssrk1979

New Member
Hi All,

Can somebody advice me for my situation below?

My wife came to US on H4 visa and a consulting company applied for H1B and it got approved for this year October 2009. but he could not get her a project, so no payroll yet. He is asking $1000 to run payroll which is very expensive for me.

what are her options now?
Should she change her status back to H4. If so, does her current H1b employer need to generate paystubs? and after changing to H4 can she change her status back to H1B If she can find a job (How difficult is it)?

Thanks
 
I am in the exact same situation. However, in our case, the employer had applied for revoking the H1.

I spoke with an attorney and according to him, the status does not change to H1 unless she is on payroll. Therefore there is nothing to be done.

I too am trying other sources including this form to confirm the same.

Cheers,
 
shekar_raja, You are 100% wrong if it was applied and approved as a COS. If it was not and she did not exit to home country for stamping and started working, she would be working illegally.

If you appeared with the documents at an attorney's for a consultation, you need a new attorney if your wife had an I-94 with the approval notice.

OP, If you pay for payroll to be run, you are committing an illegal act as buying a visa status is fraud. Report the employer to the DOL.
 
ssrk1979 said:
Hi All,

Can somebody advice me for my situation below?

My wife came to US on H4 visa and a consulting company applied for H1B and it got approved for this year October 2009. but he could not get her a project, so no payroll yet.
------------------She is out of status.

He is asking $1000 to run payroll which is very expensive for me.
------------------------ If he is asking $1000 to run payroll then it is fraud on part of employer and you can file complaint with DOL.what are her options now?
----------------------if she has valid H4 visa stamp and you are on valid H1 status then exit US and reenter on H4 status. she will get I-94 till H4 visa stamp.
Should she change her status back to H4. If so, does her current H1b employer need to generate paystubs?
-----------------------She is out of status and her H1 to H4 COS may be denied.
and after changing to H4 can she change her status back to H1B If she can find a job (How difficult is it)?
--------------------------once enter US on H4 status then US employer can file H4 to H1 COS and she can work once her COS gets approved and approval notice has I-94 attached. FYI at this time USCIS is rejecting H1 filed by most of consulting companies or ask lot of documents in RFE.
Thanks
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