H1 - H4 conversion within 1 months of entry into US as H1 status.

Tempe, AZ Viewed 124 times. Posted about 1 year ago in Immigration

I am in US currently on H1B , my wife will be joining me shortly on H1B , she has got an offer with a company here and got her visa stamped in India.

Now currently the economic scenario is not good in United states.If my wifes company is not able to place her on a project and does not pays her for 2-3 months untill the economic condition is good by January , it would affect her H1b status..

What is if I decide to move her on H4 within one month of her entry into US on H1B , Is this possible ?? and how ..what are the documents needed in this.

I want her to be in status at any cost what ever the status be.

Please help what should be done ???

Vineet

Answers (1)

Bradley Mark Maged

This attorney is licensed in Massachusetts and 1 other state. Posted about 1 year ago.

Hi Vineet:

Given the current state of the economy, companies that are unable to pay the offered wage is likely to become more common scenario. If your wife enters the US on an H-1B visa, the understanding is that the company that has hired her is ready, willing and able to pay her the offered wage on the Labor Condition Application. She should confirm that this is the case prior to enteing the US. If not, she should enter obtain an H4 visa and enter in that status.

Assuming the job offer continues to be valid and your wife enters the US on an H-1B visa, if there are problems with the employer, she can switch to H4 or, under certain circumstances, port her H-1B to another employer. This would have to be done immediately after she discovered she was not being paid. To change her status to H-4 once she is in the US, she would need to file a Form I-539 with the requisite filing fee of $300 and supporting documents such as proof of your valid H-1B status, copy of her passport, visa, I-94 card and marriage certificate. Although it is not terribly complicated, it is advisable o consult with a lawyer to review all of her options and make sure that everything is filed correctly.

Your wife's sponsoring employer is obligated to pay the offered wage under the law unless and until it withdraws the labor condition application and I-129 petition it filed on her behalf. In most cases, having an H-1B beneficiary in the US who is ready, willing and able to work triggers the obligation of a sponsoring employer to pay the full wage offered. Best of luck!