H4 to H1 (No Project)

[mcsddotnet2004]

Hi
My wife is on H4. Due to quota issues she is thinking of getting a h1b visa and search for job. The consulting company has aggreed to transfer her h4 to h1 and they said they will start looking for projects. The question is what happens if she cannot find a project. If she doesn't have a project her employer will not pay her. When does she go out of status?I mean after How long? Can she transfer back to H4.
I am using labor substitution and future employment for my GC. My 140 is applied and will apply for 485 soon. If my wife could not join the empoyer who sponsored her h1 will it cause problem for my 485.

Thanks

 

[ginnu]

Hi
My wife is on H4. Due to quota issues she is thinking of getting a h1b visa and search for job.
The consulting company has aggreed to transfer her h4 to h1 and they said they will start looking for projects.
The question is what happens if she cannot find a project. If she doesn't have a project her employer will not pay her.
----- by law employer is supposed to pay her as employer is filing her H4 to H1 change of status, if she is not paid she will be out of status

When does she go out of status?I mean after How long? Can she transfer back to H4.
I am using labor substitution and future employment for my GC. My 140 is applied and will apply for 485 soon.
If my wife could not join the empoyer who sponsored her h1 will it cause problem for my 485.
----- I would not go for her H4 to H1 becase it has many IF and BUT and not sure of project , let her be on H4 and file your I-485 and her I-485, EAD AP, once she gets EAD she can work, to be safe you maintain H1 status till your I-140 gets approved
Thanks