H1 Status

[kup0009]

Hi,

I have a query regarding immigration status of my wife. My wife came to US on H4 visa, her employer did amendment for transfering H4 to H1B. She is without a project from the day she got her H1B (10 months now) and her employer is not paying since she is not on a project. Now her employer is threatening to terminate her H1B...Please advice how to go about and what will be her status if her employer terminates her H1b. Can she stay in this country on H4 ?

Please advice..
Thanks,
Kotha..

[uma001]

Originally Posted by kup0009

Hi,

I have a query regarding immigration status of my wife. My wife came to US on H4 visa, her employer did amendment for transfering H4 to H1B. She is without a project from the day she got her H1B (10 months now) and her employer is not paying since she is not on a project. Now her employer is threatening to terminate her H1B...Please advice how to go about and what will be her status if her employer terminates her H1b. Can she stay in this country on H4 ?

Please advice..
Thanks,
Kotha..

simple,When she is not in project why should you want to keep her in H1. convert her status from H1 to H4. you may not neeed paystubs to convert form H1 to H4.

[kup0009]

hi Uma,

Thanks for the information, but her employer is reluctant to do the transfer not sure whats the issue...

Thanks..

[veni001]

Originally Posted by kup0009

Hi,

I have a query regarding immigration status of my wife. My wife came to US on H4 visa, her employer did amendment for transfering H4 to H1B. She is without a project from the day she got her H1B (10 months now) and her employer is not paying since she is not on a project. Now her employer is threatening to terminate her H1B...Please advice how to go about and what will be her status if her employer terminates her H1b. Can she stay in this country on H4 ?

Please advice..
Thanks,
Kotha..

Your wife's employer is violating H1 rules and also your wife is out of status. Your wife is entitled to at-lest prevailing wage on LCA filed with her H1B from day one irrespective of availability of project to the employer.

She can report her employer violation to DOL using WH-4. There is high probability that USCIS will deny your wife's COS request to H-4 , unless she can prove that she is in valid status(H1).

[uma001]

Originally Posted by kup0009

hi Uma,

Thanks for the information, but her employer is reluctant to do the transfer not sure whats the issue...

Thanks..

You mentioned her employer wants to terminate her H1. Then why doesnt he want to transfer her h1 to h4? may be becos he cant support her status on h1.
you can do conversion to h4 form any lawyer. you can do on your own also. you dont need to go thru her employer.

[spicy_guy]

Two things here:

1. I suspect her employer is indirectly asking her to transfer her status to H4
2. Since her employer didn't pay her the prevailing wage, he is in violation of law. You can pass this message to her employer, not in a threatening tone, but to make him aware that, you know how to retaliate if he is trying to suck something from you / your wife.

You should have been alert and converted her status to h4, at least after a month without project / pay. Its even passed 180 days rule.

Act fast, dude!

[looneytunezez]

Firstly, her H4 status would be dependent on your H1 status.
unless you work for the same employer, her employer has got nothing to do with her H4.

you and your employer would her H4, not hers.

now getting a COS for H1-H4 might be issue depending on valid status and such.
advise consult an attorney ASAP.

[kup0009]

Thanks Guys for your advice...Lately her employer started depositing pay checks to her account without sending the paystubs...Not sure whats in his mind..?

Now even if she gets a full time position she can't go for it since we need latest paystub for transfer....I am in big mess. please suggest..