Spouse's H1 mistakenly changed to H4: spouse working-what to do?

A

aaifor

Registered Users (C)
This is for a friend. Please advise

A friend and his spouse were working for company A on H1-b visas.

The husband changed job to company B, and they filed and got a new H1B for him. In process, they accidentally also filed and got a new H4 for wife.

Questions:

Is the wife (who is working for company A) in H1 or H4 status?

If she is in H-4 how to get back to H1?
 
Is the wife (who is working for company A) in H1 or H4 status?
She cannot work, she is now in H4 status. Her I-94 would tell what status she is in.

If she is in H-4 how to get back to H1?
Again you need to file for change of status. After approval only she can work, not after filing. So if the job is urgent, she can use the premium channel for $1000.
 
How it can be accidental, without spouse signature you can not apply H4. For H4 the petitioner/candidate must sign the H4 application.

For H1 company/ employer sign the application. Not the applicant/candidate.

aaifor said:
This is for a friend. Please advise

A friend and his spouse were working for company A on H1-b visas.

The husband changed job to company B, and they filed and got a new H1B for him. In process, they accidentally also filed and got a new H4 for wife.

Questions:

Is the wife (who is working for company A) in H1 or H4 status?

If she is in H-4 how to get back to H1?
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