H1B to H4 Query

[madhukarji]

Experts,

I am on an H1B Visa with a filed 485 and EAD. I got married and my wife came over on an H4 Dependent Visa. She got a job with a local consulting firm who chose to apply for her H1B in April 2008. Her H1B starts Oct 1, 208.

Now they are asking her to sign a contract which prevents her to leave for a year or till the project ends if she needs copies of her LCA, I191 and additional paperwork.

I have a simple few questions that I'm looking to get some advice on.
1) If she doesn't sign the so called "bond", how can she roll back to the H4 Visa?

2) I am filing her 485 petition, is it possible she starts using her EAD/AP instead the next time she goes to India? I say this because they wouldn't give her the papers including LCA+I191 etc unless she signs the bond.

3) If she doesn't sign the bond and look for another company like IBM etc who is ready to sponsor her, will they require her paystubs considering she never works for the current employer starting this October?

Thanks for any guidance you can provide. I am ready to take this to a labor lawyer to see if we should sign the bond.

Your help is highly appreciated,

Madhukar J

[C4us]

It sounds like another fraudulent company.

She can have another employer file a new petition not under cap if she does not work for this employer. She will need to wait for approval notice.

Since it sounds like this petition was filed as COS, she needs to properly return to H4 - apply for COS or leapfrog - to avoid problems with not working while on H1B status.

[txh1b]

If you are filing for her I485 before Oct 1st and USCIS gets it before that date, she can continue to remain as a parolee and not have to worry about the H1b kicking in from Oct 1st or the paystubs. She would have to use EAD to work though after that.