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H1 B from H4 (Please Help)

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  • H1 B from H4 (Please Help)

    My wife's H1B application was approved in July with start date October 01, 2008. She is currently on H4 visa.

    I have the following questions:

    1) Because her H1B status is approved from October 01, 2008, does this imply that she ABSOLUTELY HAS to start working on October 01? I was under the impression that her H1B status will only become effective the day she gets her project or starts getting paid. I am only concered because in this economy, she may have to wait a month or so to get a new project?

    2) If her employer (who is a small based recruiting company) is unable to find her a project, how difficult is it to switch back to H4 visa from H1B? Is this approch even advisable?

    3) When can she apply for her SSN?


  • #2
    1. Yes, Absolutely. Benching without pay is illegal and puts her out of status. Project or not, she has a job with her employer.
    2. Once she enters H1b, a COS to H4 without H1b paystubs is impossible within US as she would become out of status.

    If she wants to be on H4, she has to leave before Oct 1st and enter after that on H4. The H1b can still be used at a later date. Look on the forums as to how that can be done.

    3. On Oct 1st.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


    • #3
      If she is afraid that the employer will not pay her if she has no project, she should find a "real" employer and file for a new petition not under cap. Trying to change employers once she is out of status due to no paychecks can be a problem.

      All employers know that they must pay their employees at all times. There is no such thing as "bench". Everyone who is abused by their employer by this practice should report that employer to the DOL and get back wages.