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Risks during Change of status

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  • Risks during Change of status

    Hi,
    My wife is in dependent visa(H4) & got a project thru a consulting company.The company applied for a COS to H1.But the company urges to join with H1 receipt.I knew it is not a good idea to start working before COS.What would be the risk involved before COS?
    What would be the actions taken by USCIS or DOL if they know she started working before the H1 approval or COS?

    Thanks!
    Last edited by greatdesi_2; 10-27-2011, 02:12 PM.

  • #2
    Employment in H4 status is pure illegal. She can start working only when the COS to H1B (approval should come with a new I-94) gets approved (When her status changes to H1B). If USCIS or the consulate figures out that she worked on her H4 status (W2 will easily show that), then it can cause denials due to breach of H4 regulations. If the employer wants her to join as soon as possible, then ask them to upgrade the case to premium and get the result within 15 days.
    Not a legal advice. Use of this information is strictly at your own risk.

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