First time H1B questions

[gauri88]

1. I am right now on H4 and My new H1B is approved from Oct-2013. How long can I wait to activate it and what are current rules.

2. If I do not want to start using it right away, can my current sponsor (employer direct) cancel the H1B

If I lose my job, how long can I stay in USA until I find a new job to transfer my H1B. (without going to dependent visatype)

1. If I start working on my H1B and my husband gets a new job, so can I move on dependent visa type H4 for few months and readjust or transfer my H1B after I find a new employer in new location.

[pontevecchio]

1. As you said it will activate on October,1 if a COS is involved in the filing.   http://www.dol.gov/whd/immigration/h1b.htm

 

2. If you do not want to work for this employer you need to change status to H4 after October,1 or come back with a H4 visa at that time.

 

3. If you are no longer in valid H1 status you should leave and come back with a H4 visa or change status to h4 here.

4. Yes.

 

5. Does your H1 employer have an actual job for you starting in October?

[0407]

1. you need to begin working as soon as possible after Oct 1 , 2013. Your status automatically changes

to H1b on Oct 1, 2013.  There is no such thing as "Activating H1B"

 

2.If you do not want to use it, file a COS from H4 to H1B on or soon after Oct 1, 2013.

 

3. You can not stay in US on H1B without working. if you don't join job or join job and later

loose it, you have ti file for H4, soon after losing ( in stringent terms, even before losing job).

You can then continue staying in USA till a decision on your H4 COS is made.

 

4. Once your H1B is approved, you can transfer it anytime. Employer revoking the H1B won't matter.

You can move to H4 anytime and then mov back to H1B when you find a suitable employer.

 

I was personally in this boat. so telling you from my own experience. Schedule a consultation

with immigration attorney. It will cost you 200$, but will give you total peace of mind

[rahul412]

 

1. I am right now on H4 and My new H1B is approved from Oct-2013. How long can I wait to activate it and what are current rules.
2. If I do not want to start using it right away, can my current sponsor (employer direct) cancel the H1B
3. If I lose my job, how long can I stay in USA until I find a new job to transfer my H1B. (without going to dependent visatype)

1. If I start working on my H1B and my husband gets a new job, so can I move on dependent visa type H4 for few months and readjust or transfer my H1B after I find a new employer in new location.

 

1. You H1 starts from oct 1st automatically

2. By law he is suppose to do that.

3. Their is no grace period to find another job on H1

4. Yes you can.

[pontevecchio]

5. Does your H1 employer have an actual job for you starting in October?

[gauri88]

5. Does your H1 employer have an actual job for you starting in October?

Yes !