H4 to H1 CoS and complications

[gauravarora84]

Hi Experts,

Need some advise urgently.

1. I am planning to file H1 for my wife who is in US with me on H4. She is having 6 years of IT experience.
2. I got some conultancy who is ready to file H1B for her.
3. But as per their clause, they will be paying her on 80/20 basis till the time she is on Project and nothing will be paid to her when she is on Bench.

Now the catch here is:

Say if she get some project for 1-2 months and then she is on bench for 3-4 months..her payroll wouldn't run (This is my understanding) so she will go out of status. In that case, what can be done to avoid her out of status.

Once she gets her H1B and CoS is changed from H4 to H1, then suppose if she has to undergo CoS to H4 in case she doesn't gets any project..what is the procedure to get it done and how much time it takes? Also what are the complications in this.

If she is on Bench and not getting any salary, how she would pay the taxes and all to maintain her status. I am confused so need experts advise in this.

Thanks in advance for sparing your valuable time.

[happybuddha]

Hi Experts,

Need some advise urgently.

1. I am planning to file H1 for my wife who is in US with me on H4. She is having 6 years of IT experience.
2. I got some conultancy who is ready to file H1B for her.
3. But as per their clause, they will be paying her on 80/20 basis till the time she is on Project and nothing will be paid to her when she is on Bench.

Now the catch here is:

Say if she get some project for 1-2 months and then she is on bench for 3-4 months..her payroll wouldn't run (This is my understanding) so she will go out of status. In that case, what can be done to avoid her out of status.

Once she gets her H1B and CoS is changed from H4 to H1, then suppose if she has to undergo CoS to H4 in case she doesn't gets any project..what is the procedure to get it done and how much time it takes? Also what are the complications in this.

If she is on Bench and not getting any salary, how she would pay the taxes and all to maintain her status. I am confused so need experts advise in this.

Thanks in advance for sparing your valuable time.

Not getting paid while on bench is illegal. You need to get paid and pay your taxes all the time when you are on H1B.
Although such a practice is illegal and is highly discouraged a lot of desis are working in similar setups and end up paying for the payroll and taxes from their own pockets. All of them are just a sniff away from IRS or USCIS audits.