Immigration Issues/H4 to H1B

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Question
QUESTION: Hello Sir,

I am working in US on OPT status and my employer has filed my H1B (Master's cap)this April by normal processing (I also received receipt from USCIS a week ago). After approval of my H1B, I am planning to bring my wife here on H4 status.

Assuming that my H1B is approved and my wife is in USA after october,13 on H4 status,

Can my wife apply for job in USA on H4 status?
Also, if any company is ready to file her H1B in April,2014, she can work from April onwards or she have to wait till oct, 2014 to work? (I mean when she can start work here?)

I am very confused/worried to think that if she is not allowed to work before oct,14, how any company would file her H1B in april?

Please help me by proving appropriate suggestion/guidance.

Thank you.

ANSWER: Hi,

H4 status does not allow for employment. Any company can file an H1B petition for her no earlier than April 01, 2014, unless the company is exempt from the visa cap (affiliated with an institution for higher education, or a non-profit research organization, for example).

The employment start date on the H1B approval notice will be Oct. 01, 2014, and employment will not be permitted until Oct. 2014.

---------- FOLLOW-UP ----------

QUESTION: Thank you Sir,

Again, I have one question that like OPT/H1B cap gap provision, is there any similar provision for H4 person so that he/she can start work at least when someone file H1B petition for them(i.e. from April onwards)?

or when H1B petition is approved? i.e. by filing through premium processing, Can he/she start work when final decision of approval is granted (but before its effective date on october)?

If there is only one option that she can start work after oct. 1st,14. Please suggest me any other visa category, if there, so that she can work here.
She is equally eligible like me (but have Master's degree from India) and I don't want her to compromise her skills on the burden of H4.
Please help.

Answer
Hi,

Unfortunately, there is no cap-gap provision for H4. She can be legally employed only on effective validity date of Oct. 01. She may be eligible for the L1 category if she is working for a multinational company with an office in the U.S.: www.h1b1.com/L1visa.htm

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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