Info regarding H4-H1

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vir.desai

Registered Users (C)
I have been offered to submit my H1 application by a contracting company. I don't have enough information about this company so what I would like to understand is the implications of going on an H-1 with these guys and then not being happy and having to abandon the H-1 in favor of an H-4.

Any suggestions/comments or advice is welcome.
 
vir.desai said:
I have been offered to submit my H1 application by a contracting company. I don't have enough information about this company so what I would like to understand is the implications of going on an H-1 with these guys and then not being happy and having to abandon the H-1 in favor of an H-4.

Any suggestions/comments or advice is welcome.
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converting h4 to h1 with contracting agency requires special care due to illegal benching policy. the contracting agency you are dealing with SHOULD start paying you the salary from the day 1 the h1 is approved.

you are not allowed to work until your h1 petition and change of status is approved. h4-to-h1 converting persons do have the benefit to work immediately upon filing like h1-h1 cases.

once after h1 is approved that contracting agency may place at client site (with/without their efforts) from 1 days to years or not at all. you should be paid in that period (no benching allowed). if you are not paid then you are not maintaining your status and your employer is violating the law.

once your h1 petition is approved along with change-of-status (getting new i94 along with approval) you are no longer in h4. its a common mistake that many people think that they will be h1 status only after start working. this as got serious consequences.
 
Thanks saigc,

This info is quite useful. You are right about the illegal benching policy. I read quite a few postings on this site where people have had bad experiences with contracting company. So i have decided after careful thinking - not to go with such companies and look for a proper employer who would sponsor the H1.

Thanks again for the advice.
 
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