Help Needed - Converting H4 visa to H1B

[suman.mdmal]

Hi Experts,
I am currently working in US with H1B and living with my Wife who is on H4. My H1B will expire on Nov,15.

Now my wife got her H1B petition approved from Oct,14 and the filing was a consular filing(not Change of status filing). So at this context I would like to know-

1. She is having valid H4 I-94 till Nov,15- so will it be a problem if she does NOT want to convert her valid H4 to H1B starting from Oct,14?
2. Is there any time frame associated(within that time she must do it) to amend her petition for COS?
3. As her filing was a consular filing, she need to file for an petition amendment for change of status. Please let me know what is approximate time and cost associated for that process. Also let me know if there is any alternate to get her H1B activated without going through USCIS process. Is there any risk of denial associated with the amendment process?
4. As per H1B rules(what i know) once the person is in US and on H1B status he/she need to have a valid job all the time. Is there any grace period for getting a job(once status got changed to H1B)?
5. Can she apply for SSN while she is on H4 by showing her approved H1B petition starting from Oct,14?
6. If so(yes for point 5), is this legal to stay in US with SSN while her status is still H4? With SSN isn't she becoming taxable automatically?
7. Her Petition held with comp X, now can she change the employer(Y) without working a single day with comp X?


Please let me know your comments as soon as possible!
Thanks in Advance!

[raghvi]

Hi Experts,
I am currently working in US with H1B and living with my Wife who is on H4. My H1B will expire on Nov,15.

Now my wife got her H1B petition approved from Oct,14 and the filing was a consular filing(not Change of status filing). So at this context I would like to know-

1. She is having valid H4 I-94 till Nov,15- so will it be a problem if she does NOT want to convert her valid H4 to H1B starting from Oct,14?
2. Is there any time frame associated(within that time she must do it) to amend her petition for COS?
3. As her filing was a consular filing, she need to file for an petition amendment for change of status. Please let me know what is approximate time and cost associated for that process. Also let me know if there is any alternate to get her H1B activated without going through USCIS process. Is there any risk of denial associated with the amendment process?
4. As per H1B rules(what i know) once the person is in US and on H1B status he/she need to have a valid job all the time. Is there any grace period for getting a job(once status got changed to H1B)?
5. Can she apply for SSN while she is on H4 by showing her approved H1B petition starting from Oct,14?
6. If so(yes for point 5), is this legal to stay in US with SSN while her status is still H4? With SSN isn't she becoming taxable automatically?
7. Her Petition held with comp X, now can she change the employer(Y) without working a single day with comp X?


Please let me know your comments as soon as possible!
Thanks in Advance!

1. No problem currently.
2. Well she has to use the petition within 6 Years otherwise it would become useless.
3. What do you mean bypass USCIS? The only way is either amendement or go outside US, get H1 stamped and return. And like any other visa/petition, chances of denial is always there. If the employer and employee are genuine the risks are minimal.
4. H1 B itself is granted based on the employer having work and employee capable of doing that work. It seems you have paid for the H1 and now consultancy is asking you to find a job on your own. This approach is not in the right spirit or H1B.
5. I dont think H4 visa holders qualify for SSN. Merely showing an approved consular process h1 I797 would not get her a SSN, she needs to move to H1 status by either getting a COS approved or goign out and re entering on a H1.
6. Read 5.
7. Technically possible but USCIS generally approves such requests again as consular process.

This is my opinion not legal advice.