My H1B petition will revoked if i travel on H4


jai22

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Posted

Currently I am located in india and I have H1B petition approved by company X. My current company does not have any position for me in US.  If go for H4 on dependent visa and travel US , will my H1B petition revoked? 

 

If not then, will I be able to search job and apply for my H1B petition transfer to employer B?

Posted

does it mean my H1B petition will be still valid if i go for H4?

Once you find a job in US an employer can file a cap exempt H1B petition and on approval you can start working for employer.

Posted

It is up to the employer to decide if they want to withdraw the petition. If you find a job in future and the new employer wants to transfer, they can do so irrespective of whether the currently employer has withdrawn the petition or not. But make sure you keep at least the receipt number and preferrably copy of approval notice with you before you leave.

Posted

does it mean my H1B petition will be still valid if i go for H4?

If you are not working for that H1 employer then that H1 has to be revoked as per law. So don't worry about H1.

Even if its revoked you can still file for H1 transfer.

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