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H4 to H1, (old H1 still active)

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  • H4 to H1, (old H1 still active)

    Hi,

    My wife was on H1 earlier, but now in H4. Her old H1 is still active valid till 2012. She's on leave on loss of pay with her current employer.

    What is the process to get back to the old H1 and start working for a new employer? Will it be a H1 transfer or change of status?

    Please let me know.

    thanks,
    B

  • #2
    Her last paystub is dated Mar 2009.

    Originally posted by bjrp2009 View Post
    Hi,

    My wife was on H1 earlier, but now in H4. Her old H1 is still active valid till 2012. She's on leave on loss of pay with her current employer.

    What is the process to get back to the old H1 and start working for a new employer? Will it be a H1 transfer or change of status?

    Please let me know.

    thanks,
    B

    Comment


    • #3
      First determine her current status. Did she enter on H4 visa after losing her pay? If so she is not on loss of pay, she is on H4 and she cannot work on H4.
      If she is in H1 status (even if she has an H4 visa), then she is out of status since she needs to get paid all the time.

      New employer can file a cap exempt petition for her which will include COS. On approval she can start working for the new employer.
      This is my opinion and not legal advice.

      Comment


      • #4
        She is on H4 now. She took leave from the indian company she worked and came to US on H4.

        So, does that mean the new employer to file a cap exempt petition for her with COS?

        thanks for your help.

        B.

        Originally posted by kabkaba View Post
        First determine her current status. Did she enter on H4 visa after losing her pay? If so she is not on loss of pay, she is on H4 and she cannot work on H4.
        If she is in H1 status (even if she has an H4 visa), then she is out of status since she needs to get paid all the time.

        New employer can file a cap exempt petition for her which will include COS. On approval she can start working for the new employer.

        Comment

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