h4 to h1 conversion

[Ruchi2904]

Hi admin,
I have one doubt regarding h4 to h1 visa conversion. Company x has asked me to come to usa on h4 before 1 april 2013 and then they have said that they will file my h1 without client letter. They have not taken my interview neither they have asked for any money. Please let me know if its a scam.

[raghvi]

Hi admin,
I have one doubt regarding h4 to h1 visa conversion. Company x has asked me to come to usa on h4 before 1 april 2013 and then they have said that they will file my h1 without client letter. They have not taken my interview neither they have asked for any money. Please let me know if its a scam.

Is your spouse already in US on H1? Or planning to travel soon?

Looks like this consulting company will file a H4 to H1 COS for you . I dont see any issue with that as per se. But its not right for the future employee to pay the H1 fees then it becomes difficult to fight for your rights as an employee in case the employer doesn't pay you timely etc.

Also, in your own interest you have to get more clarity on the kind of work you will do, at what location etc etc.

This is my opinion not legal advice.

[Ruchi2904]

Thanks alot for your quick response.
My husband is already in USA on H1B.
Please explain me why its not right that the future employer will pay for H1 fees and what could be the issues with my employment later on?
Also please let me know how the company X is saying that they can file for H1 visa without any client letter?

[raghvi]

Thanks alot for your quick response.
My husband is already in USA on H1B.
Please explain me why its not right that the future employer will pay for H1 fees and what could be the issues with my employment later on?
Also please let me know how the company X is saying that they can file for H1 visa without any client letter?

I didnt say employer, I said employee, that is you.

You should not pay for your own H1. Its the responsibility of the employer hiring you to pay the H1 fees.

Many people pay the consulting companies money to process H1s and when the company doesnt pay them on time after getting hired they cant even go to DOL to complain as they would have done illegality of paying for their own H1 fees in the first place.

If you dont do proper due diligence of the employer you can end up in problems such as not getting paid as per LCA, not getting paid during bench time, employer not running your payroll when you are not on project etc. All these can make you out of status and possible cause issue while filing transfers / employer change etc.

Also, there are consulting companies who show an internal project and file H1 petition for hiring a person to work on internal project thereby dont produce client letters.

This is my opinion not legal advice.

[Ruchi2904]

h4 to h1 conversion

Hi admin
Thanks alot for the information. I have one more doubt. If I am in India why company x is calling me to usa on h4 and then will change to h1 cos? Cant they provide me a fresh h1b in India itself? What difference will it make?

[[email protected]]

Right now I'm in US on H4 (valid till sep 30 2013). I applied for H1 from India and my case was selected in lottery and is in processing.

Planning to apply for h4 extension as it is getting expired by sep 2013.

Please answer my below questions.

1) Will it be a problem if my h4 gets extended after h1 is approved.

2) Can COS(from h4 to h1) be applied when h4 extension is in process.

3) If answer to 2) is yes what if h4 gets extended after COS is approved??Will i fall on h4 again??

[kram2usa]

Right now I'm in US on H4 (valid till sep 30 2013). I applied for H1 from India and my case was selected in lottery and is in processing.

Planning to apply for h4 extension as it is getting expired by sep 2013.

Please answer my below questions.

1) Will it be a problem if my h4 gets extended after h1 is approved.

2) Can COS(from h4 to h1) be applied when h4 extension is in process.

3) If answer to 2) is yes what if h4 gets extended after COS is approved??Will i fall on h4 again??

Hi, I am also in same situation. Can any one please provide some help in this context?
Adding one more question to the above list.
Q) Is there any condition to be on H4 for certain minimum time before filing for cos ?

[kram2usa]

Can any one please suggest what can be done in this context?

[andiamo]

Folks,

I have a serious question on how the filing process for an H-1 B petition works when the sponsor and the employer are two different entities.

Would'nt USCIS be validating a job offer used for filing a petition before processing it ?
I am just curious to know if we have a dummy job offer from an employer just for documentation purposes to help the sponsor file a petition and go ahead with it.

What if the petition gets approved but by the Oct timeline, the employer decides to not honor the offer. Would'nt the applicant be left in a lurch. Also would the petition and the H-1 status still be valid ?

Appreciate your advise on this

Thanks