H1-H4-H1, if earlier H1 revoked


Brainiac

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Hi,

 

I am working with company A and for personal reason need to immediately move to another location with my spouse on H4.

 

My question is 

 

1)  If I get H4 approved and later get company B to file my H1, does revocation of my previous H1 by Company A play any role?

 

2) I mean do I need to travel to home country before starting work again?

 

3) Also if in meanwhile ( before H4 is approved) I get another company C to apply for my H1 , can I work for company C without waiting for either H1 or H4 approval?

 

Thanks a lot , early reply please....

 

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Hi,

 

I am working with company A and for personal reason need to immediately move to another location with my spouse on H4.

 

My question is 

 

1)  If I get H4 approved and later get company B to file my H1, does revocation of my previous H1 by Company A play any role?

 

2) I mean do I need to travel to home country before starting work again?

 

3) Also if in meanwhile ( before H4 is approved) I get another company C to apply for my H1 , can I work for company C without waiting for either H1 or H4 approval?

 

Thanks a lot , early reply please....

1. No.

2. If approved as COS with an I94 attached to I797 then there is no need to exit US.

3. No, you have to wait for H1B approval.

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Thanks for the replies..

 
I have some more doubts, request your opinion on the same ..
 
1) When should I resign , after I apply for H4 or can resign first and then apply for H4?
 
2) If I explicitly resign from my current job without having another company do my H1 or without filing H4  would I be creating troubles for myself ?Can u foresee any complications?
 
3) In my offer letter following is there.. Does this say I have notice-period of x days and cannot COS before x days?
     " Your employment is at-will and can be terminated with x days notice for any reason whatsoever either by you or 'Company'. "
 
4)Consider , I resign and apply for H4 ( application pending with USCIS) 
        Meanwhile I get another company job and file H1
        so can I start working immediately  ---  as still on H1 ( H4 application not yet processed..)
 
Thanks again.. awaiting your response
 
 
Link to comment

 

Thanks for the replies..

 
I have some more doubts, request your opinion on the same ..
 
1) When should I resign , after I apply for H4 or can resign first and then apply for H4?
 
2) If I explicitly resign from my current job without having another company do my H1 or without filing H4  would I be creating troubles for myself ?Can u foresee any complications?
 
3) In my offer letter following is there.. Does this say I have notice-period of x days and cannot COS before x days?
     " Your employment is at-will and can be terminated with x days notice for any reason whatsoever either by you or 'Company'. "
 
4)Consider , I resign and apply for H4 ( application pending with USCIS) 
        Meanwhile I get another company job and file H1
        so can I start working immediately  ---  as still on H1 ( H4 application not yet processed..)
 
Thanks again.. awaiting your response

 

1. After you apply for H4 and receive a receipt notice. If you would like you can continue working till COS to H4 approval.

2. You will be out of status and that is a problem.

3. You have x days of notice period to give employer. It does not prevent you from applying COS.

4. No you cannot. You need to wait for approval.

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Thanks for the answers,

 

Also, 

 

1) Is it possible if I give my current employer a notice , can he terminate my job?

2) Would I  then go immediately Out of status , even if applied for H4 ( have receipt but not final approval)

3) In H4 application , can we mention the start/effective date for COS ( from H1 to H4) ?

 

-Thanks again.

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Thanks for the answers,

 

Also, 

 

1) Is it possible if I give my current employer a notice , can he terminate my job?

2) Would I  then go immediately Out of status , even if applied for H4 ( have receipt but not final approval)

3) In H4 application , can we mention the start/effective date for COS ( from H1 to H4) ?

 

-Thanks again.

1. Possible.

2. No, as your COS to H4 is pending when your employer terminates your employment you are considered in status.

3. No.

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