H4 to H1 - Status Question

S

sertra2002

Registered Users (C)
Hi,

My wife who is in US, was on H4 till now, recently gor her H1 processed and approved through a consultant. Her approval was received on October 15th. Now she is on "bench" and the consultant is trying to find a project for her. She is still not on company payrole?

My question is how long can can she be without pay ? What are our best options ? Her employer says that she can be without pay for 60 days from her approval day. Is he right ? Will she be, or is out of status ?

Your advice is appreciated, as I do not want to be in a situation where she falls out of status,

Thanks,
sertra
 
60 days is right. Option is based on whether you/she is ready to live a cavemen life or want to be on the safer side by switching back to H4.
 
Thanks Jaxon for your comments.

I am a bit confused by your statement "whether you/she is ready to live a cavemen life or want to be on the safer side by switching back to H4."

What exactly do you mean by living like a cavemen ? Are you suggesting that she converts back to H4 before expiry of 60 days ?

Related to this is that I have applied for my LC for my green card. I do not want to be in a situation where her status might be questioned during the immigration process.

Thanks again,
sertra2002
 
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