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  • Need info urgently:

    Hi,

    I have recently entered US on H4 visa but I also have H1B visa stamped on my passport. Since my current employer is not offering me any assignment in US can I switch a company in US, transfer my H1B and work?

    Thanks in advance!
    Mohini
    Last edited by mohinis; 06-28-2013, 04:35 PM.

  • #2
    Originally posted by mohinis View Post
    Hi,

    I have recently entered US on H4 visa but I also have H1B visa stamped on my passport. Since my current employer is not offering me any assignment in US can I switch a company in US, transfer my H1B and work?

    Thanks in advance!
    Mohini
    Yes its possible if the H1 has not been fully used in last 6 years. Once you get a new employer, they can file a COS from H4 to H1 . Advisabel to start work only after H4 to H1 COS is approved.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Yes its possible if the H1 has not been fully used in last 6 years. Once you get a new employer, they can file a COS from H4 to H1 . Advisabel to start work only after H4 to H1 COS is approved.

      This is my opinion not legal advice.
      Thanks Raghvi for your reply but Is it fine or legal to share visa and petition info of my H1B with consulting firm who will hire me in US before resigning my current employer?

      Comment


      • #4
        Originally posted by mohinis View Post
        Thanks Raghvi for your reply but Is it fine or legal to share visa and petition info of my H1B with consulting firm who will hire me in US before resigning my current employer?
        I didnt understand. Earlier you said you are on H4, if you are on H4 you cant work hence where is the question of employer?

        I would say its illegal only if you have signed a document saying you would not do so.

        If they dont have work, then you certainly have a right to look for better paying/opportunity jobs out there. You cant help it if your H1 petitioning company doesnt have work for you currently.

        This is my opinion not legal advice.

        Comment


        • #5
          Yes you can!

          What is your current visa status? It appears a little confusing. If you are already on H1B visa. All you need to do is look for another employer who is willing to sponsor H1B visa and get it transferred. You can start working. Hope it helps

          Originally posted by mohinis View Post
          Hi,

          I have recently entered US on H4 visa but I also have H1B visa stamped on my passport. Since my current employer is not offering me any assignment in US can I switch a company in US, transfer my H1B and work?

          Thanks in advance!
          Mohini

          Comment

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