H4 to H1. Can't work for some time. Need to travel to India

[Neeraj Taneja]

My wife is on H4 and in US. Her H1 visa was filed by a US company and it got approved. However due to some personal/family reasons she will not be able to work. Additionally she has to travel to India in August end or September and she'll have to travel to US back in January 2016. Her H4 visa end date is September 2016.

now my questions are:-

1) Is there any option under which she can come to US on H4 while travelling back from India (while her H1B is already approved) and then look for a job once she is back in US and then start working once she has a job.

2) Once she is back to US on H4 (if possible), is there a time limit when she has to start working?

3) Does she need to carry any documents while travelling to India and back to US.
4) For how much time period her H1B would remain valid if she does not do any work even after travelling back from India.

thanks and regards
Neeraj

[raghvi]

My wife is on H4 and in US. Her H1 visa was filed by a US company and it got approved. However due to some personal/family reasons she will not be able to work. Additionally she has to travel to India in August end or September and she'll have to travel to US back in January 2016. Her H4 visa end date is September 2016.

now my questions are:-

1) Is there any option under which she can come to US on H4 while travelling back from India (while her H1B is already approved) and then look for a job once she is back in US and then start working once she has a job.

2) Once she is back to US on H4 (if possible), is there a time limit when she has to start working?

3) Does she need to carry any documents while travelling to India and back to US.
4) For how much time period her H1B would remain valid if she does not do any work even after travelling back from India.

thanks and regards
Neeraj

1. Yes, she can leave before H1 start date and re enter on her H4 visa. Once she has same or different employer willing to take her on board, they can file for a H4 to H1 COS for her.
2. As long as she is considered cap exempted another employer can file for her H1.
3. If she is planning to come back on H4 then she would need to show your H1 related documents at the POE.
4. She would be considered cap exempt for 6 Years.

This is my opinion not legal advice.

[Neeraj Taneja]

H4 to H1. Can't work

I have one more question in this thread.

As already mentioned that my wife is on H4 and she got her H1 approved. But she can't work for some time. Is it possible that she can stay in US without working ?

If yes, How is it possible?

Whether it will be on H4 or H1? If on H1 are there any legal complications in this?

If on H4, is there any kind of documentation that needs to be filed with USICS?

Thanks

[shervin143]

If the H1B is approved with a new I-94 and if the effective date is Oct 1st, then her status will change to H1B on Oct 1st and she should be working and getting paid to maintain her H1B status. If she doesn't want to work, then she should leave U.S before Oct 1st and return back in H4 visa after Oct 1st. Or alternatively, if she is not planning to leave U.S, then she can file a COS from H1B back to H4. The application for COS should reach USCIS before Oct 1st (before H1B effective date).

However, once H4 is filed she cannot work. To begin working again, the employer will need to file a COS from H4 to H1B and it shuld get approved or she should leave and return back in H1B visa.

I have one more question in this thread.

As already mentioned that my wife is on H4 and she got her H1 approved. But she can't work for some time. Is it possible that she can stay in US without working ?

If yes, How is it possible?

Whether it will be on H4 or H1? If on H1 are there any legal complications in this?

If on H4, is there any kind of documentation that needs to be filed with USICS?

Thanks