Urgent Query for H1b transfer

[shaina]

Hi,

I have an approved H1B petition and I am currently in India.
I have a stamped H4 Visa on my passport valid till Oct 2014.
My intention is to resign from my current company(Bit IT Company) and enter USA on H4. Then look for a job and transfer my H1 and file COS from H4 to H1.

Can I resign from my current company and enter USA on H4 Visa?
My current company will cancel the H1.Can I still transfer my H1 visa when I enter in USA and also file COS from H4 to H1?

Please help me as I am in urgent need .
Thanks for your help

[ragz069]

Hi,

I have an approved H1B petition and I am currently in India.
I have a stamped H4 Visa on my passport valid till Oct 2014.
My intention is to resign from my current company(Bit IT Company) and enter USA on H4. Then look for a job and transfer my H1 and file COS from H4 to H1.

Can I resign from my current company and enter USA on H4 Visa?
My current company will cancel the H1.Can I still transfer my H1 visa when I enter in USA and also file COS from H4 to H1?

Please help me as I am in urgent need .
Thanks for your help

Which one did you get later? H4 or H1? If you got your H1 after your H4, your H4 is technically not valid anymore. So, you cannot enter US on H4 now.

[shaina]

Which one did you get later? H4 or H1? If you got your H1 after your H4, your H4 is technically not valid anymore. So, you cannot enter US on H4 now.

I got H1 approved later.But I have a valid H4 stamped on my passport which is valid till oct 2014.And my H1B petition is approved in Sep 2013 and I dont want to enter on h1.
WHy I cant enete on H4 now?

[ragz069]

I got H1 approved later.But I have a valid H4 stamped on my passport which is valid till oct 2014.And my H1B petition is approved in Sep 2013 and I dont want to enter on h1.
WHy I cant enete on H4 now?

Though you have a valid stamp on your passport, the H4 visa itself would have automatically got invalidated as soon as your H1 got approved. So, at present, only your H1 status is still valid and hence you need to re-enter on H1 visa if you need to go back to USA. If you do not have a valid H1 stamping on your passport, you need to go for Visa stamping as well at which time they will explicitly put a stamp on your H4 visa that is not valid anymore.

[raghvi]

Though you have a valid stamp on your passport, the H4 visa itself would have automatically got invalidated as soon as your H1 got approved. So, at present, only your H1 status is still valid and hence you need to re-enter on H1 visa if you need to go back to USA. If you do not have a valid H1 stamping on your passport, you need to go for Visa stamping as well at which time they will explicitly put a stamp on your H4 visa that is not valid anymore.

Merely getting an H1 petition approval doesnt cancel ones already stamped H4 visa. If one is in US on H4 status and and one files a H4 to H1 As Change Of Status (COS) , then once the COS is approved then one should compulsory work with the employer to maintain H1 status. If one is outside US one doesnt have an immigrant status so H1 petition can only be processed as consular process. One wouldnt move to H1 unless one gets a H1 stamping and one enters US on that H1.

With that said, Shaina, yes, you can enter US on H4, till your H4 is valid, and, your spouse is maintaining valid H1 status.
Also, once you enter US on H4 , yes, current employer or any other employer can use the approved H1 petition details to file another Petition to do a H4 to H1 COS for you. Which, when approved, you must work and get paid as per LCA.

This is my opinion not legal advice.