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  • H4 to H1 COS

    If H4 to H1 COS gets approved, but the employer is not able to find any project, is it ok to still stay in US till I get the project ?

  • #2
    Originally posted by gssaini View Post
    If H4 to H1 COS gets approved, but the employer is not able to find any project, is it ok to still stay in US till I get the project ?
    What do you mean when you say "not able to find any project"? Didnt they apply for H1 showing a client and project requirement in the first place. This is one of the reason USCIS/Consulate Officer insists on a client letter while issuing an H1. If you are on H1 you need to get paid, project or no project, if you are not working and not getting paid you are out of status and whenever you go for future stamping/GC processing it can become an issue if you are out of status. This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      What do you mean when you say "not able to find any project"? Didnt they apply for H1 showing a client and project requirement in the first place. This is one of the reason USCIS/Consulate Officer insists on a client letter while issuing an H1. If you are on H1 you need to get paid, project or no project, if you are not working and not getting paid you are out of status and whenever you go for future stamping/GC processing it can become an issue if you are out of status. This is my opinion not legal advice.
      Thanks raghvi.

      This is actually one of my friend's case. Her employer has filed her H1 based on an inhouse project and it is possible that the inhouse project may start late i.e. from Nov 25 2012. How to tackle this scenario?

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      • #4
        Originally posted by gssaini View Post
        Thanks raghvi.

        This is actually one of my friend's case. Her employer has filed her H1 based on an inhouse project and it is possible that the inhouse project may start late i.e. from Nov 25 2012. How to tackle this scenario?
        As long as your friend gets paid it should not matter. If no pay she will be out of status. She can complain to DOL if she is not getting paid for the period 01-Oct-25 Nov 2012. This is my opinion not legal advice.

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