Got H-1 but no project. What to do?

[mandanmal]

Hi!!

1. Technically your wife's status changed as soon her H1 was approved. She is no longer on H4 status. I am sorry to say but she is out of status since she does not work for company "A".

2. I think you should not wait any longer on this out of status phase. The longer she will be out of status the more issues will come up.

3. Sometimes BCIS asks for last paystub to get converted back to H4 from H1 visa but in ur wife's case she does not have one. No problem take a chance to file without paystub and wait and watch what happens. If you r lucky BCIS may not ask for a paystub and if they ask for one talk to her employer to provide one or if that is not possible to provide a employer letter as a proof of employment.

4. Take advice from ur company lawyer or any other lawyer whom u think is appropriate to file for her H4 again.

My sincere opinion is not to waste a single day as some of these computer co's don't worry about ur status being lost in U.S.

Goodluck and All the best.

[kumjay]

Got H-1 but no project. What to do?

My story is quite complicated so please bear with me. I am on H1-B and my wife is on H-4. My wife got a job offer from a company and that company agreed upon doing premium H-1 processing for her. They filed for H-1 and got it approved in 3 days. It's 2 weeks since her H-1B got approved. Now this company is saying that they do not have any project for her. They will only ask her to join them once they find a suitable project. It could be couple of months. Worst case- may be early 2004.

I am worried here because she must be employed all the time on H-1B visa. My questions are-

1. What is her current status. She is still sitting at home, she hasn't joined this company yet.

2. When does status change technically? Will it change once she joins that company or is its already been changed?

3. If this company does not ask her to join for next 2-3 months, should we apply to get her back on H-4 visa ASAP?

Any advice would be appreciated. JoeF, thanks for not replying.