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H4 to H1 when previous H1 petition is valid

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  • H4 to H1 when previous H1 petition is valid

    my petition got approved in 2012 and is valid for 2 years from employer A and never travelled to US. Now my husband has travelled to US and there is no onsite opportunity with my Employer A. I wanted to know what are the options available that I can try

    1. If I travel to US on H4 and I still have valid H1 petition, can I transfer this petition to a new employer after finding a job.
    2. Does it make any difference if the H1 petition is valid or expired
    2. What if my employer revokes this petition, can I still use it.
    3. Does it make it easier/difficult for any employer to file a H1 if it is cap exempt or not?(I assume it will be cap exempt).
    4. Will the processing time will be same as a new H1 petition?
    4. Is it legal if I have not been in H1 status anytime and I use the petition number for cap exempt filing.

    Thanks

  • #2
    Seniors

    Can you please suggest on this query.

    Thanks

    Comment


    • #3
      Originally posted by chutku View Post
      my petition got approved in 2012 and is valid for 2 years from employer A and never travelled to US. Now my husband has travelled to US and there is no onsite opportunity with my Employer A. I wanted to know what are the options available that I can try

      1. If I travel to US on H4 and I still have valid H1 petition, can I transfer this petition to a new employer after finding a job. -- Yes, another employer can file for you anytime during the next 6 years.
      2. Does it make any difference if the H1 petition is valid or expired -- No, see above.
      2. What if my employer revokes this petition, can I still use it. -- It makes no difference.
      3. Does it make it easier/difficult for any employer to file a H1 if it is cap exempt or not?(I assume it will be cap exempt). --It makes no difference.
      4. Will the processing time will be same as a new H1 petition? -- Yes, the same.
      4. Is it legal if I have not been in H1 status anytime and I use the petition number for cap exempt filing. -- That makes no difference.
      Thanks
      See above. You will need the previous employer's petition receipt number at the very least. Some employers will also insist on seeing the receipt notice or the approval notice.
      This is my opinion and not legal advice.

      Comment


      • #4
        Thanks for your inputs Kabkaba

        Comment

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