H1B visa queries.......please guide

[Imranshek]

Hi All,

Need your valuable suggestions for below my queries.
I have H1B visa stamped from current employer "ABC" and till now I havent travelled US. My current location is Bangalore, India.

My Queries are:
1) Is it possible me to travell US directly without informing to my current employer "ABC" on the basis of my existing H1B visa stamped? If Yes, then How? Please clarify.

2) Can I get H4 visa stamped again along with my existing H1B visa? Is it possible to have two visa (H1B & H4) both simultaneuosly at a time in my passport if I apply for new H4 visa?

3) Is it possible from my existing company to "Cancel" my H1B visa stamped? Do they have authority to cancel my visa? If Yes, How and What will be next option available for me?

4) Do I need to transfer my H1B visa to some other employer then only i can come US?

Please give your valuable inputs and guide me further.

Thank you,

Imran

[Imranshek]

Plz suggest me

[raghvi]

1. You cannot travel on ABC petition unless they have a job for you in US and are willing to pay. And as it is as soon as you enter US on H1 you should work only with the H1 employer and get paid by them. If ABC is not sending you how will you get paid and maintain H1 status. and if you are not in status you will not be able to port the H1 to another employer.
2. if your spouse has a valid H1 then yes you can get H4 stamped. Its at the officers discretion whether he/she cancels your existing H1 visa in the passport but that should not matter as you will still be cap exempted and can have another employer file a new petition for you using the earlier approval notice.
3. They cannot cancel your visa they can only take back their petition, but as mentioned above you can still find another employer and move to H1 as you are already cap counted.
4. Yes if you want to go on H1 or you can go on H4 and file a new H1 petition with a new employer.

This is my opinion not legal advice.

[Imranshek]

Thanks alot Raghvi to clear my doubt.