Please help my husband!! he needs it on H1B extension

[shipra12]

This is Shipra. I am a student on F1 Visa and so I may not know the exact terms. My husband is on H1B. He applied for an H1 transfer to another employer . Now his visa is going to expire and the employer is avoiding him saying his credentials are not approved and he is avoiding our phone calls. We are very worried as I do not know what the options are to be on status? Please help us, we need a right advice at this point. Your help is greatly appreciated

[txh1b]

Is your H1b spouse working and getting paid now? If the employer is not sponsoring the H1b extension, he has to find another one that could do so or change over to F2 status as your dependent.

[shipra12]

Help needed for COS from H1 to f2

Thank u for the reply. If my husband wants to change his status to f2, how much of the financial support should we state that we have to support ourselves here in the US. Also can you please direct me to any link which gives me all the information regarding the paperwork needed for COS.

[txh1b]

You need to talk to your DSO about the F2 financial support needed by the school to issue the I20. The COS procedure for F2 will also be explained by the DSO.

[topcatin]

Another option is to look at working for a non-profit organizations or even universities who can do H1 visas quick and don't come under the H1 CAP nor do they have to wait for Oct1st...just a thought.

[txh1b]

Another option is to look at working for a non-profit organizations or even universities who can do H1 visas quick and don't come under the H1 CAP nor do they have to wait for Oct1st...just a thought.

The person has already been cap counted. What you say does not matter or apply here.

[topcatin]

The person has already been cap counted. What you say does not matter or apply here.

I thought a person who has the H1 counted , can just do a transfer to any organization right? During a transfer, can one start working immediately even if it is not approved? I was under the impression when one does a H1 transfer he should wait for oct1st to start working, that's why I mentioned about the non-profit. Thanks for the correction.

[txh1b]

I thought a person who has the H1 counted , can just do a transfer to any organization right? During a transfer, can one start working immediately even if it is not approved? I was under the impression when one does a H1 transfer he should wait for oct1st to start working, that's why I mentioned about the non-profit. Thanks for the correction.

Your understanding is not correct. The person that could use H1b portability to begin work immediately upon filing of a transfer should already be on H1b and in status. One that has an already approved H1b can transfer to any employer from another status but can begin work only after the approval comes through. Cap does not matter if the person can prove they were already subject to cap.