H1b withdraw : urgent help needed

[sxm078100]

I am going to india on july 5 and returning on july 30 . I have following queries:

1)If my H1b visa gets approved before or even during my stay in india, do i need to get visa stamping before I can return or it is required only in October? So, my question is that even with H1b approved, what will be my status till july 30 , OPT or H1B approved? The reason I am asking is that hopefully it should not cause any problem for returning back to India.

2) If above is gonna create problem, I was thinking I would withdraw H1b visa petition. Can i do it or the employer has to do it? and what reason can be given for it? and what is the last date to do it?

3)When can I apply for my wife's H4? Is it that it has to be done only after my H1B is approved?

4) suppose my H1B is approved, I come back from india in july ending, and i change my company in august. Would my new company need to apply for H1B transfer or my h1B becomes invalid, and my new company has to reapply for h1B in october?

5) On H1B visa, what is the time given to find a job if one looses job before being deported back?

Thanks a lot

amit

[wiweq]

1)If my H1b visa gets approved before or even during my stay in india, do i need to get visa stamping before I can return or it is required only in October? So, my question is that even with H1b approved, what will be my status till july 30 , OPT or H1B approved? The reason I am asking is that hopefully it should not cause any problem for returning back to India.

=> If your H1b is under processing and you are out of USA, you COS will be revoked while your H1b may approve. You can enter in USA on your F1 and file COS to H1b or get the H1b stamping and enter in USA on/ around Oct 1st.

2) If above is gonna create problem, I was thinking I would withdraw H1b visa petition. Can i do it or the employer has to do it? and what reason can be given for it? and what is the last date to do it?

=> Who paid for this H1b. The payer can withdraw this H1b.

3)When can I apply for my wife's H4? Is it that it has to be done only after my H1B is approved?

=> H4 is dependent of H1b. For H4, supporting H1b should be in existence.

4) suppose my H1B is approved, I come back from india in july ending, and i change my company in august. Would my new company need to apply for H1B transfer or my h1B becomes invalid, and my new company has to reapply for h1B in october?

=> Once you are counted for H1b cap, you will be cap exempted for next 6 years. Mean, it will be always H1b transfer for next 6 years.

5) On H1B visa, what is the time given to find a job if one loses job before being deported back?

=> 0 days, loose the job, leave the USA. The only way is get extension/ COS while being in H1b status.

[sxm078100]

Hi wiweq,

Thanks for the reply.

With respect to last point, on losing job, can I apply for change to visitor visa , and keep looking for new company to get the job.

Thanks

[JoeF]

Hi wiweq,

Thanks for the reply.

With respect to last point, on losing job, can I apply for change to visitor visa , and keep looking for new company to get the job.

Thanks

Yup. That's the recommended way.

[wiweq]

"With respect to last point, on losing job, can I apply for change to visitor visa , and keep looking for new company to get the job."

=> Technically once you lose the job, you are out of status from very next day and unable to file COS or H1b extension. But, generally USCIS doesn’t create any problem for 2-3 days, though it’s not guaranteed. Normally, if you lose the job, same day or within 1-2 days files COS to H4/F2/B whatever you like or leave the USA. Don't wait for weeks to get the new job and H1b transfer.

[sxm078100]

Thanks guys