I am on a valid H1 and My wife entered USA on H4 Visa. She got her H1 approved as on Oct 2008 and is currently working for the same consulting firm. She has W2 for 2008 and paystubs till date, however no H1 stamping.
The firm has asked my wife to go back to India or they will go ahead and cancel her H1. Hence I am planning to file a H4 petition for my wife so that she could stay with me.
I had the below questions related to this process :
1. Can her Employer go ahead & cancel H1 without informing us ?
2. Should we apply for a change of status to H4 before they cancel her H1 ?
3. Can she switch back to H1 as and when she finds another job ? If yes, can any other employer file her H1 as we might not have the original employer doing it for us.
4. Does a H1 cancellation from the current employer impact our transfer from H4 to H1 at a later point in time ?
5. How long can she apply for H1 provided she has a valid H4 status ?
6. Please confirm if she is exempted from the lottery/quota if she again applies for H4 to H1 ?
7. Is there any impact on her SSN as a result of this H1 to H4 transfer ?
8. Can she travel outsde USA once she moves to H4 ? I believe She should reenter on H4 Visa and will that have any impact on transfering to H1 again.
9. Is going outside US & reentering on a H4 Visa a better option than requesting COS ?
10. What is the typical time needed for H1 to H4 transfer and also once she finds a job what is the typical time needed for H4 to H1 transfer ?
11. Any issues in not having H1 stamping with this scenario?
Thanks a lot for your time & Apprecaite your help.
The firm has asked my wife to go back to India or they will go ahead and cancel her H1. Hence I am planning to file a H4 petition for my wife so that she could stay with me.
I had the below questions related to this process :
1. Can her Employer go ahead & cancel H1 without informing us ?
2. Should we apply for a change of status to H4 before they cancel her H1 ?
3. Can she switch back to H1 as and when she finds another job ? If yes, can any other employer file her H1 as we might not have the original employer doing it for us.
4. Does a H1 cancellation from the current employer impact our transfer from H4 to H1 at a later point in time ?
5. How long can she apply for H1 provided she has a valid H4 status ?
6. Please confirm if she is exempted from the lottery/quota if she again applies for H4 to H1 ?
7. Is there any impact on her SSN as a result of this H1 to H4 transfer ?
8. Can she travel outsde USA once she moves to H4 ? I believe She should reenter on H4 Visa and will that have any impact on transfering to H1 again.
9. Is going outside US & reentering on a H4 Visa a better option than requesting COS ?
10. What is the typical time needed for H1 to H4 transfer and also once she finds a job what is the typical time needed for H4 to H1 transfer ?
11. Any issues in not having H1 stamping with this scenario?
Thanks a lot for your time & Apprecaite your help.