H1-B transfer if current employer is not able to provide employment

[pv_vardhan]

Hi Friends,

My wife visa status was converted from H4 to H1 in Oct 2013 and currently she is holding valid H1 petition. Right now she is not working as she got delivered in Nov 2013 and taking care of the baby. She started searching for last 2 months but no success yet. Just today morning I heard from her employer that the company got an audit by DOL and asking to stop all operations of the company as he is not able to provide employment for most of the H1's filed in 2013. He said, his attorneys are talking to USCIC and DOL but not sure what's going to happen.

So, I am looking for any other consultancy who can transfer her H1. But I have couple of questions.

1. Since she hasn't yet started working on current petition, would it be valid to transfer without any pay-checks?
2. As she has a health condition, can we show that as a proof of unemployment for this period?

Any help would be much appreciated.

[raghvi]

Technically your wife is out of status if she is not working and getting paid. Once out of status it would not be possible to either do a transfer or to move to H4.

This is my opinion not legal advice.