H4 to H1 status change

[sumannooney]

Hi,

My wife is on H4 visa and now she has H1 approved for 2014. I know she will be eligible to work starting October 1st.

1) Does her status change automatically from H4 to H1 from Oct 1st?
2) What happens if she is not able to find a job by Oct 1st?
3) Her employer says as long as you dont have SNN, there is no need to worry, once she has a job confirmed then we can apply for SSN and then she has to be on pay roll for status maintenence. Is that correct?

Please help me to understand how it works. Thank you!

[raghvi]

Hi,

My wife is on H4 visa and now she has H1 approved for 2014. I know she will be eligible to work starting October 1st.

1) Does her status change automatically from H4 to H1 from Oct 1st?
2) What happens if she is not able to find a job by Oct 1st?
3) Her employer says as long as you dont have SNN, there is no need to worry, once she has a job confirmed then we can apply for SSN and then she has to be on pay roll for status maintenence. Is that correct?

Please help me to understand how it works. Thank you!

1. Yes she would move to H1 if COS was approved and she got a new I-94 as part of her H1 I797.
2. What do you mean not able to find a job? Doesn't the employer who filed her H1 have a job for her? The H1 sponsor should pay her from 01-Oct-2013 onwards if they dont you can complain to DOL.
3. They are wrong. In USCIS records your spouse will move to H1 automatically on 01-Oct-2013 and if she is not working/getting paid from that day she would go out of status.

Seems you have paid for your own H1 with some consultancy which is finding it difficult to place your spouse now. Its high time you have a hard talk with that consultancy and tell them that if they dont have a job for you you are going to complain to DOL.

This is my opinion not legal advice.