preetippt1 Posted August 12, 2013 Report Posted August 12, 2013 I am currently on H4 visa, it is valid till 2016. I got a job this year i.e 2013 and my employer has filed for my H1B. My H1B is still under process it has gone to RFE but will likely get approved as it not complicated. Now my employer recently laid me off as they have no projects and they asked me to start looking for new job. They have not filed for the H1B withdrawal to USCIS and also said will help with my RFE but they will not pay me from October. Before getting a H1B visa I was on H4 visa in USA and it was valid till 2016. Now I have a few questions: 1. Is it ok for my company to withdraw my H1B as soon as USCIS approves it? 2. If my employer files for a withdrawal will my H4 visa still be valid? Can I still continue staying in US on H4 visa. 3. Also will I be cap exempt the next time any employer applies for my H1B visa? Thanks in Advance!
jairichi Posted August 12, 2013 Report Posted August 12, 2013 (1) Once upon approval your current employer can revoke your H1. (2) If you are in US now on a H4 visa then your employer has filed for a COS from H4 to H1B with an effective start date. In that case you will be no longer on H4 from that start date. So, to be on H4 you have to file for a COS from H1B to H4. (3) Yes you will be cap exempt
preetippt1 Posted August 12, 2013 Author Report Posted August 12, 2013 Hey thanks so much for your reply. I asked in so many places but no-one would answer. I did not want to ask my attorney as of yet cause he is still processing my visa, so I did not want to confuse him at this stage. Your answer was really helpful.
jairichi Posted August 13, 2013 Report Posted August 13, 2013 Hey thanks so much for your reply. I asked in so many places but no-one would answer. I did not want to ask my attorney as of yet cause he is still processing my visa, so I did not want to confuse him at this stage. Your answer was really helpful. It is my pleasure to give you some inputs. It is always better to cross check with an immigration attorney as decisions are case specific. You could have a telephonic consultation with any other immigration attorney. Just make sure that once H1B petition is approved you apply for a COS from H4 to H1
preetippt1 Posted August 14, 2013 Author Report Posted August 14, 2013 Thanks again :) I will ask my attorney once the visa gets approved.
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