H4 to H1

J

jinx

Registered Users (C)
My spouse is on an H4 visa and we are planning to go for an H1. I would really appreciate if some one can answer the following questions:

1. If she changes to an H1 will that be applicable immediately?

2. What if she does not get a job for few months. Would that mean she is illegal?

3. is it true that she can change to H1 officially once she gets her first job. Till then can she be considered as she is on H4?


Thanks in advance.
 
1. She wont be on h1 until H1 is approved.
2. After H1 is approved whoever sponsored for her H1 is supposed to provide the job offer. If she does not "join" the company within 30-90 days her h1 might become invalid.
3. She will be H4 until h1 is approved. Once H1 is approved she has to make a choice whether to be on h1 or H4.
 
Thanks a lot jaxen. One more follow up question:

3. She will be H4 until h1 is approved. Once H1 is approved she as to make a choice whether to be on h1 or H4.

What does this exactly mean. Will the employer send her an offer letter and she needs to approve it. The company that she is planning to join is a consulting company and we were planning to join that company once we get a client. Is this possible.
What if she joins the company by signing the offer letter and she gets a job after 7 months? will that mean that she is illegal for that period.

Once again thanks a lot for answering the questions. This really helps us a lot.
 
Within 30(some say60) days of H1 approval she has to join the company. Otherwise she can choose to be on H4.
 
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