Query on H1B, currently on H4

[Poorni86]

Hi,

 

I am currently on H4 visa. I have my H1B visa stamped while i was working in India. But i have not worked on H1B till now and my H1 visa got cancelled since i quit my job after coming to US on H4. The H1 petition which was with my previous employer is valid till Septemper 2014. I am planning to work again and i have following questions.

 

1. Do i have to apply for new H1 or i will have cap exempt.

2. If i find a sponsor, should i go to India for visa stamping to start working on H1.

 

Please clarify.

 

Thanks..

[jairichi]

Hi,

 

I am currently on H4 visa. I have my H1B visa stamped while i was working in India. But i have not worked on H1B till now and my H1 visa got cancelled since i quit my job after coming to US on H4. The H1 petition which was with my previous employer is valid till Septemper 2014. I am planning to work again and i have following questions.

 

1. Do i have to apply for new H1 or i will have cap exempt.

2. If i find a sponsor, should i go to India for visa stamping to start working on H1.

 

Please clarify.

 

Thanks..

1. You are cap exempt.

2. Ask employer to file a cap exempt H1B petition along with COS. If approved with I94 there is no need to get H1B visa stamping to be on H1B status.

[pontevecchio]

Your H1 visa has not been cancelled. That is a function of the US Government and not your employer. He may have revoked the H1 as is required.

 

1. You will have an H1 employer file a NEW CAP EXEMPT hi petition for you.

2. If the H1 is filed with COS from H4 you can work on approval. The visa is for travel.

[rahul412]

1. Do i have to apply for new H1 or i will have cap exempt.

2. If i find a sponsor, should i go to India for visa stamping to start working on H1.

 

1. It will be cap exempt

2. No need if they file it with COS.