H1B - H4 - Travel

[Hari0327]

Hi,

Would like to seek your help and advice here, Please see the below series of events that would help understanding my current situation.

 

30th Jun 2015 - Worked with Company A on H1B for last 4.5 years and my last day with Company A was on 30th Jun. I have only used 4.5 years of my H1B quota, with this I still have 1.5 years left on my H1B.

 

6th Jul 2015  - I immediately filled for COS to H4 as my spouse is currently on H1B as well. 6th July is the receipt date of my  I-539 petition. As of today it is still in process.

 

19th Aug 2015 - I got an new job offer from a  Client X, so joined an employer Company B, who would be sponsor my H1 as client would not sponsor visa.

 

29th Aug 2015 - Company B filed I-129 petition for H1B transfer with premium processing. 29th Aug is the receipt date.

 

5th Sep 2015 - Client X mentioned that the project went on hold and no start date provided.

 

10th Sep 2015 - USCIS responded with an query and requested for addition documents i.e. Client letter and requested response by 9th Dec 2015.

 

20th Sep 2015 - Client X confirmed that the project was cancelled due to insufficient funds.

 

As the project is scrapped by the client X, unfortunately I can't provide any letter to USCIS to address the query. So I started looking for new opportunities again.

And due to family needs I have to visit my home country this December.

 

1. If I get another job, does Company B need to file an new H1 Petition again? As we still did not responded to the query would this be any issue or should we need to get a decision first on the old one and apply the new one?

 

2. I still have a valid H1B visa stamping from Company A on my passport  i.e. till Dec 2016. If I get a new job and my H1B transfer is approved with Company B before December. Do I need to still go for stamping when I am visiting my home country (India) or can I return back to US with my old visa stamping and new H1B copy from company B.

 

3. Suppose If I did not get a job, should I be ok to travel to India and get H4 Stamping even though if my I-539 petition approved or not. Is there any risk for getting any queries at the embassy.

 

4. which one would be safer for me to return back to US after my trip.

 

Thanks

Hari. 

[jairichi]

1. New cap exempt H1B petition has to be filed.

2. Yes, you can use the valid H1B visa and I797 from B.

3. Yes. No issue.4