H4 to H1

[loki_l77]

Hi

My wife is on H4 in US for the last 3 years.
Does she need to go to India to apply for her H1 as she found an employer.
OR she can start working here as soon as the application for a H1 is filed with INS ?
Will it be a new H1 or just a status change ?

regards..Loki.

 

[billy__bob]

She does not need to go to India to apply for the H1b visa.

She can start working as soon as the application has been approved on the start date mentioned in the approved application. The H1b application form has a check box that allows for a Change of Status.

Every H1b application is new. If she held an H1b that came under the cap, then she can apply for a new H1b that does not fall under the cap.

Please check with the attorney of the firm that sponsors her H1b application.

 

[loki_l77]

H4 to H1 - Minimum Salary

Hi
Thanks for reply.
Is there a minimum wage/salary in New Jersey which a new H1B holder must get or can ask for ? Joining a company who are sponsoring for H1(H4 to H1).
Skillset - Human Resources and Finance.
Total Experience - 9 years in India.

regards
Loki.

 

[ginnu]

Hi
Thanks for reply.
Is there a minimum wage/salary in New Jersey which a new H1B holder must get or can ask for ?
--YES, employer has to get LCA from DOL for the wages and employer has to pay the wages as on LCA or more than that, your wife case has to be filed by employer as H4 to H1 Change of status and she can worl ONLY once she get COS approved
Joining a company who are sponsoring for H1(H4 to H1).
Skillset - Human Resources and Finance.
Total Experience - 9 years in India.

regards
Loki.