H4 to H1B


dmreddy12

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Hello,

I am currently on H4 visa, but recently got a job and H1 process was started(have not signed the contract yet) however during this process I got another good opportunity to work with a well reputed company which agreed to sponsor H1B so accepted the job offer, now i just came to know that first H1B got approved but have not filed the second H1B yet which is the job I always wanted to do, I already told my second employer (that i have a job offer and that they have filed an H1B but I will not be accepting the job), my second job will not be starting until december. My question was,

1. If my first employer withdraws the H1 will I be out of status now?

2. how and when I should tell my first employer that I will not be able to accept the offer? 

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Hello,

I am currently on H4 visa, but recently got a job and H1 process was started(have not signed the contract yet) however during this process I got another good opportunity to work with a well reputed company which agreed to sponsor H1B so accepted the job offer, now i just came to know that first H1B got approved but have not filed the second H1B yet which is the job I always wanted to do, I already told my second employer (that i have a job offer and that they have filed an H1B but I will not be accepting the job), my second job will not be starting until december. My question was,

1. If my first employer withdraws the H1 will I be out of status now?

2. how and when I should tell my first employer that I will not be able to accept the offer? 

1 & 2. If your 1st  H1B was approved as COS you should be working with them from Oct 1st 2013. If you have not joined then you are currently out of status.

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