H1 not started, reentry on H4 with H1 cancelled.


anantc

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Posted

My wife had to go to India due to some medical emergencies before October 1st. She has her H1B approved but her job on H1B hasn't started yet. In case she is not able to join back in time and the employer cancels her H1B, then when she enters US on H4 and finds a new employer, would it be a COS on her existing H1B or she will have to wait for April 1st again and go through the whole cycle of wait till October 1st that year.

 

 

Posted

My wife had to go to India due to some medical emergencies before October 1st. She has her H1B approved but her job on H1B hasn't started yet. In case she is not able to join back in time and the employer cancels her H1B, then when she enters US on H4 and finds a new employer, would it be a COS on her existing H1B or she will have to wait for April 1st again and go through the whole cycle of wait till October 1st that year.

It will be COS from H4 to H1B and upon approval she can start working immediately.

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