I am confused.I need help

[girish_p77]

Hi
I am in USA since last 3 months along with my wife and daughter. I am in H1B VISA, my wife and daughter is in H4. Now I am working in Company 'A'. My company 'A' is going to file H1B for my wife also in this year. So my questions are:

1) Company will file her H1b in the month of April, So from which month onwards she can work? Is it necessary for her also to wait till october or she can start work after filling her H1b because she is allready in USA?

2) If tomorrow I am getting job in Company B and she is not getting job. So she will also leave company 'A' along with me. So what will happen for her VISA it will be automatically transfer to H4 again (if she is not getting job) or I have to do something to transfer her VISA to H4?

Please answer me. Its urgent.

[srinni]

Hi Girish,

She need to wait till her status to be change from H4 to H1,coz working on H4 is not legal and it may effect..

1)She can work with clients company only after oct'06,once her status change..

2)If u switch to other company,you can transfer petitioner which is legal, and your spouse status remains as H1,Once she changed her status as H4 to H1 she will be legally on H1 for 3yrs untill u change it...

Srinni
(Not A Legal Advisor)

[veena_swsh]

1) Company will file her H1b in the month of April, So from which month onwards she can work? Is it necessary for her also to wait till october or she can start work after filling her H1b because she is allready in USA?

She can work only after Oct 2006, and most probably, she will have to get a H1B visa stamped from Home consulate and re-enter with new I 94
2) If tomorrow I am getting job in Company B and she is not getting job. So she will also leave company 'A' along with me. So what will happen for her VISA it will be automatically transfer to H4 again (if she is not getting job) or I have to do something to transfer her VISA to H4?

You will have to apply for a change of status from H1B to H4 at that point of time. It will not chage automatically.

[girish_p77]

Hi

Hi,

Veena and srinni thank you for your valuable advice.