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bharathi2s

H1B petition approved(not stamped), H4 Stamped, not travelled yet, client changed(same employer)

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I have a H1B petition approved with client X, however not stamped yet. I am currently in India and have not travelled to US yet. I am now working for client Y, who is giving me opportunity to work in US. Currently H1B visa stamping is not possible as consulate in India is not open yet and my employer is not ready to do NIE. My spouse is currently in US and I already have a H4 visa stamped. Can I travel to US with H4 Visa and can I change my status from H4 to H1 after reaching there with same employer.

Edited by bharathi2s

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23 hours ago, bharathi2s said:

Can I travel to US with H4 Visa and can I change my status from H4 to H1

You can travel on H4, you may or may not get approved for COS since you never got stamped /activated your H1 for client X, so you may have issues moving to Y (it may not be COS but CN instead)

You are working for Y but currently outside of US, so H1 does not apply to you.

Ask you employer's attorney to find a way to help you get stamped and move to client Y. 

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Thank you for the response.. Can you tell me what is CN, also can I get stamped with client X and travel when client Y petition in progress (filed , but not approved).

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22 hours ago, bharathi2s said:

Can you tell me what is CN, also can I get stamped with client X and travel when client Y petition in progress (filed , but not approved).

CN= Consular Notification (in-person interview and get stamped).

You can not initiate transfer unless you have worked on active petition and you will not have documents to initiate transfer anyway.

It appears you're referring your employer as client. 

If you have stamped H4, travel on in, once in US apply for H4-EAD and upon approval you can work for choice of your employer. 

 

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