Regarding H1 to H4 and back to H1

[bluefox]

Hello  Friends,

My wife is in India and she has a stamped H1 visa  and valid I 797 with her current employer.   But since her employer in US is not calling her back  she is not able to travel back. So she resigned from her job in India and her last working day will be due  in 15 days approx.

Out of her 6 years of H1 visa she has 2 years left. I have just submitted my documents to my employer for GC  so i don't have I140 very soon.

1.  If she comes in H4 to USA .can she transfer from H4 to H1 back with a new employer and utilise her remaining 1.5 years left in H1B.

2. Can she travel in H1 of previous employer and after coming here can she transfer her visa to new employer in H1B premium processing .

3. Does her previous employer (a leading IT company ) has right to cancel her H1 which stops her from switching employer or flying to USA?

Please suggest a way so that she can get back to USA as soon as possible and continue to work on H1B if possible. 

Shall she travel in H4 or H1 of previous employer is fine . We are okay to convert H1 to H4 or H1 once she reaches USA .

Thanks for responding  :-)

 

 

[shekar11#]

9 hours ago, bluefox said:

Hello  Friends,

My wife is in India and she has a stamped H1 visa  and valid I 797 with her current employer.   But since her employer in US is not calling her back  she is not able to travel back. So she resigned from her job in India and her last working day will be due  in 15 days approx.

Out of her 6 years of H1 visa she has 2 years left. I have just submitted my documents to my employer for GC  so i don't have I140 very soon.

1.  If she comes in H4 to USA .can she transfer from H4 to H1 back with a new employer and utilise her remaining 1.5 years left in H1B.

2. Can she travel in H1 of previous employer and after coming here can she transfer her visa to new employer in H1B premium processing .

3. Does her previous employer (a leading IT company ) has right to cancel her H1 which stops her from switching employer or flying to USA?

Please suggest a way so that she can get back to USA as soon as possible and continue to work on H1B if possible. 

Shall she travel in H4 or H1 of previous employer is fine . We are okay to convert H1 to H4 or H1 once she reaches USA .

Thanks for responding  :-)

 

 

1. Yes.

2. Best option is to travel back as H-4 and switch to H-1 with new employer once she is in US. Both will involve same time and cost as new employer anyway has to file for H-1.

3. He can cancel H-1 which will not be an issue for switching employers but can have an impact on her travel if the port of entry officer asks for too many questions.