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H1 Visa status after resigning

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  • H1 Visa status after resigning

    I am holding H1B Visa with my current employer but have not travelled so far due to unavailability of assignments.
    1. If I resign from my current organization, what will happen to my H1 visa?
    2. If other organization is ready to transfer my H1, can my current employer create a problem?
    3. If I apply for H4 as my spouse is working in US, will my H1 be cancelled? If yes, can I go for H1 stamping again on my existing H1 petition or the petition itself will be cancelled and I will have to file a new petition?
    4. If I have both H1 and H4 stamped. And I travel on H4, can I work on H1? If no, then what procedure I need to follow to work on H1?

  • #2
    Are you in USA or India?? find the points below.

    1. If I resign from my current organization, what will happen to my H1 visa? [IA] They might notify USCIS and withdraw the petition.

    2. If other organization is ready to transfer my H1, can my current employer create a problem? [IA] They cannot. You are free to get another sponsor

    3. If I apply for H4 as my spouse is working in US, will my H1 be cancelled? If yes, can I go for H1 stamping again on my existing H1 petition or the petition itself will be cancelled and I will have to file a new petition? [IA] In case its withdrawn, you need a new petition. If not, I dont think you can go for stamping with old petition, since you need LCA, employer letter etc..

    4. If I have both H1 and H4 stamped. And I travel on H4, can I work on H1? If no, then what procedure I need to follow to work on H1? [IA] I dont think they are too dumb to stamp on both...

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    • #3
      Originally posted by kuldeep.dwh View Post
      I am holding H1B Visa with my current employer but have not travelled so far due to unavailability of assignments.
      1. If I resign from my current organization, what will happen to my H1 visa? -- The Visa in your passport will remain valid (if any). The employer may withdraw their petition.
      2. If other organization is ready to transfer my H1, can my current employer create a problem? -- No, another employer can file a cap-exempt petition for you.
      3. If I apply for H4 as my spouse is working in US, will my H1 be cancelled? If yes, can I go for H1 stamping again on my existing H1 petition or the petition itself will be cancelled and I will have to file a new petition? -- H1 Visa in your passport may get canceled when you apply for H4 Visa, but your eligibility for a cap-exempt petition is not affected. You cannot apply for H1 Visa using the current petition if you are not going to be working for that employer. You need a petition corresponding the employer for which you are going to work. The petition will be exempt from annual cap.
      4. If I have both H1 and H4 stamped. And I travel on H4, can I work on H1? If no, then what procedure I need to follow to work on H1? -- You will need to change status to H1 before you can start working.
      See above.
      This is my opinion and not legal advice.

      Comment


      • #4
        Originally posted by kabkaba View Post
        See above.
        Thanks for help.
        I am in India and never travelled to US.

        Question on Point 3,
        If my H4 is stamped and H1 is cancelled. Then I again go for H1 stamping with my current employer, will it work fine?

        Comment


        • #5
          Originally posted by kuldeep.dwh View Post
          Thanks for help.
          I am in India and never travelled to US.

          Question on Point 3,
          If my H4 is stamped and H1 is cancelled. Then I again go for H1 stamping with my current employer, will it work fine?
          Yes, you can get your Visa again using the same or different petition, the one corresponding to the employer who you are going to work for.
          This is my opinion and not legal advice.

          Comment


          • #6
            H1B Status after Resignation

            Hi,
            I am on H1B in US and my wife came on H4 and then she got her H1B through a consultancy. After working for 2.5 months, she had to resign and head back to India due to medical emergency.
            I am not sure if her employer revoked her petition, anyways i believe her H1B is not valid since she has resigned.
            We did not apply for change of status to H4 since she headed to India.
            Would she be able to come back on H4 and use her previous H1B approval to find another employer and start working again? Or can she apply for H1B transfer from India itself and then come to US for any new employer?

            Would be great, if i get a response to my post.
            Thanks.

            Comment


            • #7
              Either option is workable as long as she was on valid H1 status in last 6 Years.

              If she has valid H4 visa, she can travel on H4 and use the older approved H1 petition to find an employer to file a cap exempt H1 for her as H4 to H1 COS.
              OR
              If her old H1 is still valid in passport, another employer can file a cap exempt H1 for her and she can travel on old H1 valid visa and new approved I797.

              Though personally I believe it would be easier for her to attend and give interviews while she is in US.

              This is my opinion not legal advice.

              Comment

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