Hi Seniors -
I talked to a attorney about my scenario
- My fiance has a H1B approved with COS from L1 , effective Oct 1,2008
- I am on H1B status since Oct 2006
- We are getting married on Sep 1,2008
- I appear for H1B stamping at US COnsulate , India | Fiance appears for H4 stamping with me
QUestions
1 ] Fiancee travels to USA on Oct 15,2008 so that she can enter USA on H4 status ( note : Last action rule of USCIS is approving her L1 to H1 COS petition ). Since she entered USA on H4 status , she continues to be on H4 status and doesnt need to work with H1 employer. Correct ?
Response : Yes , correct
2 ] On or around Feb 2008 , H1 employer files for a amendment to change her status from H4 to H1. This amendment is cap exempt , because she already holds a valid H1 petition that was counted against the cap. Correct ?
Response :This is a gray area and I have looked for guidance on this. I think this is a major risk because if she does not begin work on October 1, 2008, her H-1B never activates and as a result, she loses it. So she may not be cap exempt.
3 ] Just entering USA on H4 status on Oct 15,2008 , doesnt cancel her H1 petition. Correct ?
I believe that this might cancel her H-1B. Remember, she has to comply with the LCA which states that she must begin work on October 1, 2008. There is no grace period
While this attorney answered as above , another attorney answered similar to TXH1B in my case. See my other thread where TXH1B had prompt answers to my questions
I talked to a attorney about my scenario
- My fiance has a H1B approved with COS from L1 , effective Oct 1,2008
- I am on H1B status since Oct 2006
- We are getting married on Sep 1,2008
- I appear for H1B stamping at US COnsulate , India | Fiance appears for H4 stamping with me
QUestions
1 ] Fiancee travels to USA on Oct 15,2008 so that she can enter USA on H4 status ( note : Last action rule of USCIS is approving her L1 to H1 COS petition ). Since she entered USA on H4 status , she continues to be on H4 status and doesnt need to work with H1 employer. Correct ?
Response : Yes , correct
2 ] On or around Feb 2008 , H1 employer files for a amendment to change her status from H4 to H1. This amendment is cap exempt , because she already holds a valid H1 petition that was counted against the cap. Correct ?
Response :This is a gray area and I have looked for guidance on this. I think this is a major risk because if she does not begin work on October 1, 2008, her H-1B never activates and as a result, she loses it. So she may not be cap exempt.
3 ] Just entering USA on H4 status on Oct 15,2008 , doesnt cancel her H1 petition. Correct ?
I believe that this might cancel her H-1B. Remember, she has to comply with the LCA which states that she must begin work on October 1, 2008. There is no grace period
While this attorney answered as above , another attorney answered similar to TXH1B in my case. See my other thread where TXH1B had prompt answers to my questions
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