H1 to H4 to H1 - best route?

[CKS0685]

Hi,

 

I have an H1B which was stamped in Jun 2014 (rfe and 221g caused the delay), however, I have not traveled to US till date to begin employment. I contacted my employer recently to send me a fresh appointment letter as the previous one had a stipulation that it was valid only if I were able to join by March of 2014. Now my employer tells me that his company has merged with another and also has moved to a different state and it would not be possible for him to employ me now!

My plan was to go to the US with my wife as an H1B holder and change my status to H4 immediately on landing (as my wife's dependent, who is travelling in a week to begin her employment as an H1 holder) and find a new employer after which I can change to H1 again. Will this be okay? Can I travel to the US holding my current employment letter (with the stipulation of joining by march 2014).

If this is wrong/not possible, should I have to go to a consulate in India again and get stamping done as a dependent, go to US and then find an employer so I can change my status back to H1. Or is there any other way to obtain a faster H4 without waiting to go to a consulate as we need to travel together with in a week.

Since I have never worked so far on the current H1, will it be a problem to change back to H1 (once I find a new employer ) without going through the lottery?

I heard that since I have already been counted against the cap once, to change back to H1 will not involve lottery but just a fresh H1 application by a new employer which will not be counted against the cap. Please advice ASAP.

 

Many Thanks!

[jairichi]

You need to apply for a H4 visa at US consulate. No other option for you.

[CKS0685]

Thank you, Jairichi! 

 

Could you also let me know:

1.Once get stamped for H4, will it be possible for me to get back to H1 without going through the lottery again, once I find an employer , considering I never activated my H1B and will enter the US as a dependent?

2. Also, I had heard the time I will be on H4 will be counted against the 3 years of H1 visa time period since they are in the same class of Visas (H-class)?

 

Regards,

Ck