H1B approved and if visa gets rejected planning to come on H4. can I work after coming to US immediately?

xyzabc1

By xyzabc1,
in H1B : Visa Stamp

Recommended Posts

xyzabc1 Newbie

xyzabc1

Posted
Posted

Hi,

 

Please help me clarify the below question.

 

I am on H1B started 2013 Oct and planning to go for visa stamping in April 2014 to India. Incase if its gets rejected, planning to come to US on H4 in may 2014 through my husband. I heard that after coming to US, if i get a job again I can work once h1 is approved which takes around 2 weeks ( Premium) .

 

Please confirm if i can do that, able to work immediately without waiting ?

Link to comment
jairichi Advanced Member

jairichi

Posted
Posted

Hi,

 

Please help me clarify the below question.

 

I am on H1B started 2013 Oct and planning to go for visa stamping in April 2014 to India. Incase if its gets rejected, planning to come to US on H4 in may 2014 through my husband. I heard that after coming to US, if i get a job again I can work once h1 is approved which takes around 2 weeks ( Premium) .

 

Please confirm if i can do that, able to work immediately without waiting ?

Yes, once employer files a cap exempt H1B petition along with COS from H4 to H1B and gets approved you can start working from the day of approval.

Link to comment
  • 3 weeks later...
xyzabc1 Newbie

xyzabc1

Posted
  • Author
Posted

ok thanks.

 

If i start marketing from India, and after coming here if i got a job in 2 weeks can i apply for H1 transfer immediately ? or after coming from India do I need to wait for certain period to join in the job?  

 

And Do I need to be with same employer or can i change the consultancy after coming? 

Link to comment
jairichi Advanced Member

jairichi

Posted
Posted

ok thanks.

 

If i start marketing from India, and after coming here if i got a job in 2 weeks can i apply for H1 transfer immediately ? or after coming from India do I need to wait for certain period to join in the job?  

 

And Do I need to be with same employer or can i change the consultancy after coming? 

After your entry to US and employer can file a cap exempt H1B petition immediately and after approval you can join employer. Do not join employer before H1B approval.

Link to comment
xyzabc1 Newbie

xyzabc1

Posted
  • Author
Posted

Thanks and Do i need to have H1 stamping for all this? because i don't have h1 stamping and my H1 started Oct 2013. 

 

Does my H1 will get cancelled by employer if i go to India and come back on H4? my employer said they need to file new H1 after I come to US, is that same called as COS ( Change of status h4 to H1) ?

Link to comment
jairichi Advanced Member

jairichi

Posted
Posted

Thanks and Do i need to have H1 stamping for all this? because i don't have h1 stamping and my H1 started Oct 2013. 

 

Does my H1 will get cancelled by employer if i go to India and come back on H4? my employer said they need to file new H1 after I come to US, is that same called as COS ( Change of status h4 to H1) ?

Once you are in US employer has to file a cap exempt H1B petition along with COS.

Link to comment
JoeF Advanced Member

JoeF

Posted
Posted

Thanks and Do i need to have H1 stamping for all this? because i don't have h1 stamping and my H1 started Oct 2013. 

 

Does my H1 will get cancelled by employer if i go to India and come back on H4? my employer said they need to file new H1 after I come to US, is that same called as COS ( Change of status h4 to H1) ?

Yes, this is a new H1, cap-exempt.

And the employer has to pay for it.

Link to comment

Archived

This topic is now archived and is closed to further replies.

Go to topic listing