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H4 to H1 after 6 months of petition approval date.

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  • H4 to H1 after 6 months of petition approval date.

    I am on H1 and wife on H4. one Consultant is ready to file H1 petition for my wife for 2016-17 (all fees will be paid by me). lets assume her petition gets approved around oct-2016 but she wants to start working in April-2017. So we will do 'change of status' from H4 to H1 in april-2017 only. In such case what kind of steps consultant can take ? Please suggest if you have came across such scenario. Any suggestion is welcome.
    Thanks in Advance.

  • #2
    Originally posted by Leocap1 View Post
    I am on H1 and wife on H4. one Consultant is ready to file H1 petition for my wife for 2016-17 (all fees will be paid by me). lets assume her petition gets approved around oct-2016 but she wants to start working in April-2017. So we will do 'change of status' from H4 to H1 in april-2017 only. In such case what kind of steps consultant can take ? Please suggest if you have came across such scenario. Any suggestion is welcome.
    Thanks in Advance.
    First of all its illegal to pay for ones H1. But as a general question in order to avoid working till April 2017 the employer should file H1 as consular processing and file a COS as and when ready to work

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      First of all its illegal to pay for ones H1. But as a general question in order to avoid working till April 2017 the employer should file H1 as consular processing and file a COS as and when ready to work

      This is my opinion not legal advice.
      Thanks Raghvi for the info.

      Comment

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