H1B Visa urgent

[eishasuri19]

Hi All,

I eneterd USA on h4 visa as a dependant of my husband. While residing here I got approved for H1B and have got my petition papers. My employer is not willing to offer me a job from October 1st, 2008 and has no problem if I get my Visa transfered to some other employer.

My questions are as follows:
1) Is it necessry to work with him for some specific period before I get my Visa transferred to some other employer.

2) Till now I had insurance from my husband's company, so how do I manage my own insurance from Oct 1 or is there any way I can continue the current insurance.

Its very urgent as Oct 1 is approaching. so please help.

Thanks.

[txh1b]

If it was a COS, your status automatically changes to H1 on Oct 1st and you need to be maintaining H1b status and get paid from Oct 1st. You could possibly transfer the H1b to a new employer and begin working immediately from Oct 1st using AC21. Otherwise, you will have problems later on.

Regarding your insurance, if your employer (new) has a group plan, you will be able to have your own insurance depending on their rules. Employer can give you the best depending on what plan they have.

[eishasuri19]

Hi

Thanks for ur reply.

Yes mine is COS. but if I dont find a good job from Oct 1 can I ask my current employer to generate payslips for me until I get a job. and do u mean that in no case i can share my husband's insurance from oct 1.

[C4us]

Your employer must pay you from Oct 1 whether you are actively working on a project or not. This is a requirement of the program. If your employer does not do so, file a complaint with the DOL. Creating falsified pay stubs is ILLEGAL. Do not even consider such an approach.

By the way, waiting for a "good" job is not your choice; you are an employee, and you must either work on the task given by your employer or find a new employer, Remember, if you refuse to work on the assigned project, you can be terminated "for cause" and have you visa revoked.

[txh1b]

You already have a job with your employer if they filed a H1b, that is what they certiofied in your LCA. They have to pay you as per the law or terminate you in which case you fall out of status. For your own understanding, read the H1b FAQs and familiarize yourself.

https://www.immihelp.com/usa-h1-visa/