Travel on F2 after getting H1 Stamped

[ksy]

Background and Situation:

My future employer ( staffing consultancy) received an approved H1b (2019 quota, filed on my behalf) from USCIS and received the I797. Now the stamping is due. I am currently outside USA and have a F2 visa (husband  is on F1 OPT). Due to some personal medical reasons, I will not be able to immediately start working in the US, but plan to come back to work force in 2020; and thus, at the least, wish to get H1b stamped, which I can utilize later with same or new employer under CAP-exempt category; My employer will not wait until 2020 and thus I want to have H1b stamped now and utilize this in 2020 (as COS from F2 to H1B) by some other employer.

1. If I get H1b stamped now, will my F2 be revoked?

2. If NO to #1, can I enter USA on F2 status while also having a H1b (Note that I do not intend to work immediately, but later in 2020)? Do I get to choose which visa I want to enter on at the port of entry ?

3. What is the best suggestion in this case to have the H1b option open ( to be utilized in 2020), but remove the dependency from the employer who currently owns my peition/h1b ? What documents should I acquire from the employer so that I can use this H1b later with another employer ?

 

Appreciate anyone's time who is reading/responding to this query. 

[adshah84]

If you will not work with your original employer who has filled your H1b for at least one pay roll you will not be able to use this H1b in future with new employer. It doesn't matter you get it stamped  or not. 

[pontevecchio]

Murthy lawyers on the website have mentioned that getting a H1 stamp makes one cap counted and presumably able to join another employer in future. It will be worth your while to discuss the matter with the firm.

[ksy]

Thanks @adshah84 and @pontevecchio for your reply. Though both of your response contradicts, I'll wait if any more people can pitch in from their experience/knowledge; And meanwhile, will try to get an appointment with Murthys.

[pontevecchio]

https://www.murthy.com/2017/11/29/i-got-my-h1b-visa-stamp-4-years-ago-but-never-traveled-to-the-u-s-the-u-s-company-later-revoked-the-h1b-petition-if-i-am-sponsored-for-an-h1b-now-do-i-have-to-go-through-the-lottery/

 

"" One who has an approved H1B petition and received an H1B visa ‘stamp’ normally is considered to be “counted against the cap” and should be able to file with another employer at any time. There is no time limitation in this case. (27.Nov.2017)""

 

[Provence]

My recommendation is to not play visa games, which appears to be your intent. You come across as just wanting a visa in your passport with no intent to work. Why?

Get a visa when you are available to work!!!!!!! The US issues H1Bs to individuals to work on positions where no US employees are available to work. Don't misuse that privilege. Many consultancies are unethical and fraudulent. Is this a desi consultancy? 

[ksy]

9 hours ago, pontevecchio said:

https://www.murthy.com/2017/11/29/i-got-my-h1b-visa-stamp-4-years-ago-but-never-traveled-to-the-u-s-the-u-s-company-later-revoked-the-h1b-petition-if-i-am-sponsored-for-an-h1b-now-do-i-have-to-go-through-the-lottery/

 

"" One who has an approved H1B petition and received an H1B visa ‘stamp’ normally is considered to be “counted against the cap” and should be able to file with another employer at any time. There is no time limitation in this case. (27.Nov.2017)""

 

Thanks again @pontevecchio for sharing some more insights on validity of H1b. The initial question still remains unanswered if F2 status gets impacted post H1b stamping ?

[ksy]

Thanks @Provence for taking your reading raeding through my query.

The intention was and has always been to work on an authorized visa, with a legit organization and on a correct job code matching my skills and capabilities, and th3 demand in US. The given circumstances do not favor my earlier plan to start work immediately ( as mentioned, medical reasons). Neither am I trying to play with the system. My question is on more to understand the situation under given scenario and act accordingly. If at all there is an impact to my f2 status, then I am more than happy to give up H1b ( because that is not the priority). But if there is a way to leverage the sitaution to the best of the interest of the country and my own -I think thats a win win for both.

Again, I am not trying to misuse the system ( and H1b is not a privilege -its a demand supply match if you go truly go by the books, as I am)

I am not sure whats your intention behind saying desi unethical & fraudlent consultancy. My propective employer is a full time established organization.

[pontevecchio]

Only one status at a time in the USA. If you use the F2 visa to enter you will be in F2 status. If you use the H1 visa to enter to start work, you will be in H1 status. Why did the employer file if you were not going to join ASAP? 

Moreover they may need a job letter at the Visa Interview . 

[ksy]

Thanks again @pontevecchio  for your response. The employer filed with lines in my intention and expectation that I will start the work ASAP. But, unfortunately, the medical stuff happened recently (came to a surprise to my spouse & me), and I am working with the employer explaining to them the situation. But, not all employers would be further willing to wait for long 🙂

Yes - I have the offer letter and other employment agreement details with me. Just need to further push the joining dates, if they agree to it because I am asking for a push by months (or a year) and not weeks.