H4 to H1

[AISHWARRYA]

My wife is in H4 visa and i am planning to process H1 for her.

1)If H1 is processed is it necessary that she should always in job.
2) If for some reason she could not continue in job will H1 get expire?
3) If H1 expires will her status automatically come back to H4 OR we have again process for H4?

She is a BCOM degree ( Distance education) with 15 years experience in Computerised banking. Will her educational evaluation qualify for H1?

Thanks in adavnce for earlier reply.

AISHWARRYA

 

[gpaladi]

1. Yes. She has to maintain continuous legal status. Once she is not pay role means she is not in status and it is illegal. But it is not problem until you need a H1-B extension like that where you require to produce latest pay stubs.

2. H1-B wont expire until what is stated on the approval notice but she wont be in the status.

3. You have to process again new H4

For H1 qualification you have to check with your lawyer