Approved H1B Petition, Travel to US on H4


mtop

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I am an Indian resident and fresh applicant for US visa. I have a valid H1B petition through my current employer. The Petition is approved but I haven’t yet found a suitable US opportunity through my current employer, that is, my H1B Visa is not yet stamped on my passport. My Husband is already in US on his own H1B through his employer.


 


My Queries are:


 


1. Can I file a H4 based on my husband H1B Visa and travel to US? 


 


2. Will this H4 may have any impact on my H1B petition( which is not  yet stamped)?


 


3. If I am in US on my new H4 and If I get some opportunity with my own employer, can I work there with my own H1B through the same employer? 


 


     (3.1) In this case, do I need to go back to my country for stamping? or 


     (3.2) If I plan to stay in US, does my current employer need to file COS from my H4 to H1B? Does petition also need to be filed again by my current employer for my own H1B?


 


4. If I leave my current employer and travel on H4 based on my husbands H1B, will it impact my own current H1B petition (which is not yet stamped)?


 


(4.1) For me to start working in US, do I need to file COS from H4 to H1B? Also, do I need to again file petition for H1B in this case?


 


Can someone please clarify me on these points?


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1. You can apply for a H4 visa based on his H1 petition approval.

 

2. No

 

3. You will need to leave and return with a H1 visa or have the employer file a H1 petition with COS from H4 for you. Are you not aware that the H1 sponsor is supposed to have a job ready before applying or has to pay you on bench and get you a job. Hopefully he did not charge for the privilege of filing your H1?

 

4. It should not . You should get a Lawyer consult as some posts have indicated some problems with a never stamped AND USED FIRST h1 PETITION. possibly NOTHING THOUGH WORTH CHECKING WITH A lAWYER.

 

4.1  It is always a new non cap H1 petition with COS

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Thank you all for the response on this. I really appreciate it.

 

Just to elaborate on my 3rd point; I am working in an MNC and they haven't charged me anything for initiating visa. Currently there is no requirement at onsite, so my employer cannot send me for stamping. Hence, I am planning to go to US in October on H4 on my husband's H1B visa. 

 

As per your response on my 3rd point, it looks like there will not be any problem if I go ahead with my above plan. Also, when I will be in US on H4 and whenever my current employer will come back saying that they have onsite requirement, I will go out of US for my H1B stamping. And will then return back to US on my own H1B with my current employer.

==> Can you clarify whether in this case there won't be any sort of complications?

 

In the other scenario, that is, when I will be in US on H4 and whenever my current employer will come back saying that they have onsite requirement, and I plan to be in US only, my current employer will obviously won't file my COS and petition again. So I will prefer going out of US for my H1B stamping with my current employer.

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Thank you all for the response on this. I really appreciate it.

 

Just to elaborate on my 3rd point; I am working in an MNC and they haven't charged me anything for initiating visa. Currently there is no requirement at onsite, so my employer cannot send me for stamping. Hence, I am planning to go to US in October on H4 on my husband's H1B visa. 

 

As per your response on my 3rd point, it looks like there will not be any problem if I go ahead with my above plan. Also, when I will be in US on H4 and whenever my current employer will come back saying that they have onsite requirement, I will go out of US for my H1B stamping. And will then return back to US on my own H1B with my current employer.

==> Can you clarify whether in this case there won't be any sort of complications?

 

In the other scenario, that is, when I will be in US on H4 and whenever my current employer will come back saying that they have onsite requirement, and I plan to be in US only, my current employer will obviously won't file my COS and petition again. So I will prefer going out of US for my H1B stamping with my current employer.

You are fine.

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Thanks for the confirmation. Just one more question:

 

Does COS needs to be filed if I am on H4 on my husband's H1B and my current employer is ready to send me to onsite on my own H1B? I mean if I go out of US for stamping, then also COS needs to be filed or not by my current employer?

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Thanks for the confirmation. Just one more question:

 

Does COS needs to be filed if I am on H4 on my husband's H1B and my current employer is ready to send me to onsite on my own H1B? I mean if I go out of US for stamping, then also COS needs to be filed or not by my current employer?

Only if you are in US on different status (in your case H4) a COS petition can be filed by employer to move to H1B status. If you are outside US then you will need a valid H1B visa and I797 to start working on H1B.

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That seems fine. It does seem MNC's take up H1 slots on spec as it were. My take is still the same.

 

1./ If you are in H4 status and the company is ready with a job they can file a H1 petition with a COS from H4 and you start on approval.

 

2. On H4 status you can leave and return with a H1 visa and start work. COS only applies if you have status here. In both situations I fully expect that the MNC will pick up the whole tab.

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