H1 TO H4 TO H1

[Rashmisuryanarayana]

Hi Team,

 

Scenario : Currently I am H1B stamped from my organization in India.Due to unavailability of projects and also spouse in US I am planning to move to US on H4. I will immediately start looking for a job once in US. Here are my questions:

 

1. What are the important things I will need to be aware of while traveling on h4 and finding a job using my existing H1 petition no.

 

2. I am aware that my organization might cancel my H1B the moment I raise my exit.How and in what all ways will it affect me in changing my status back to H1B from H4 once I am there.Even if they cancel does it mean that I can never be able to use this H1B and get a job there in US

 

 

 

Regards,

Rashmi

[jairichi]

1. Look for direct employer based jobs and not through a consultancy. Be aware of all rights for a H1B worker and never sign any agreement that has liability clause if resigning from employer.

2. Revocation of existing H1B petition with current employer does not matter. A new employer can file a cap exempt H1B petition.

[jairichi]

Also, if possible get a copy of your H1B approval notice from current employer.

[Rashmisuryanarayana]

Thanks for the swift reply Jairichi. I had another question:

 

I heard that one cannot have an active LCA(through H1B) and travel on H4 and find a job there through my existing H1B receipt no as ther will be no sponsor taged.note that though I am visa enabled I have never traveled . Heard that one will be able to transfer the H1B only when that H1B is used to travel and when in US only.Please correct me if the information I have mentioned here is incorrect and also let me know How will this affect me

[jairichi]

Thanks for the swift reply Jairichi. I had another question:

 

I heard that one cannot have an active LCA(through H1B) and travel on H4 and find a job there through my existing H1B receipt no as ther will be no sponsor taged.note that though I am visa enabled I have never traveled . Heard that one will be able to transfer the H1B only when that H1B is used to travel and when in US only.Please correct me if the information I have mentioned here is incorrect and also let me know How will this affect me

What you heard about an active LCA and travel on H4 is a rumor. As long as your H1B petition has been approved under cap you are eligible for a cap exempt H1B petition filing if a new employer is willing to offer you a job. Currently there have been few debates whether a person is cap exempted if they have not worked for that employer (cap subject H1B petitioner) in US or do not have a H1B visa stamp (if approved as consular processing). Do check with a good attorney and give us an update.