Having H1 but not in US

[Vikrants]

Hi

I am already having H1 Visa sponsored by my employer in India and my wife is in US on H1. Currently, my employer is not ready to send me US so what should I do?
Should I go on H4 as my wife is already on H1 and working over there? If I do so, then can I search a job in US and my new employer can utilize my H1 or when will I go on H4 then will my H1 becomes invalid?
Please suggest me, as I do not have that much knowledge about the work permits over there.

Thanks in advance

[Nattybone]

Hi

I am already having H1 Visa sponsored by my employer in India and my wife is in US on H1. Currently, my employer is not ready to send me US so what should I do?
Should I go on H4 as my wife is already on H1 and working over there? If I do so, then can I search a job in US and my new employer can utilize my H1 or when will I go on H4 then will my H1 becomes invalid?
Please suggest me, as I do not have that much knowledge about the work permits over there.

Thanks in advance

Hello, Vikrant.

If i were you, i would without batting an eyelid apply for an H4 visa. Post approval, i would travel to US on H4 and have my H1 sponsored and do what is called Change of Status (COS). There is a possibility that during the H4 visa interview, the Visa Officer crosses the existing H1B visa, they do that some times. However, that does not cancel your H1B visa in the system. Your H1B, once issued, stays yours for 6 years. You can have different employers in this period. By using the I797 petition, you can have this visa sponsored and have a fresh I797 issued.

Also, there is a good possibility that you travel to US with both visas (H1 and H4) on the passport. You will have to mention H4 as your purpose of visit at the Port of Entry and you will be given an I94 accordingly.

It is important that you do not mention intent to switch to H1 or look for work once in USA to the officer during the interview at the consulate and at the Port of Entry.

I hope this helps.

Wishing you luck.

Cheers,

[Vikrants]

Hello, Vikrant.

If i were you, i would without batting an eyelid apply for an H4 visa. Post approval, i would travel to US on H4 and have my H1 sponsored and do what is called Change of Status (COS). There is a possibility that during the H4 visa interview, the Visa Officer crosses the existing H1B visa, they do that some times. However, that does not cancel your H1B visa in the system. Your H1B, once issued, stays yours for 6 years. You can have different employers in this period. By using the I797 petition, you can have this visa sponsored and have a fresh I797 issued.

Also, there is a good possibility that you travel to US with both visas (H1 and H4) on the passport. You will have to mention H4 as your purpose of visit at the Port of Entry and you will be given an I94 accordingly.

It is important that you do not mention intent to switch to H1 or look for work once in USA to the officer during the interview at the consulate and at the Port of Entry.

I hope this helps.

Wishing you luck.

Cheers,

Thanks...Thanks a lot.
One more small query(i might sound as dumb, but still need to clarify), that if my H1 will have only CoS, that means my current H1 will be used by my new sponsor or it will have to file a new petition and the whole processing of H1 will go again?

[Nattybone]

Thanks...Thanks a lot.
One more small query(i might sound as dumb, but still need to clarify), that if my H1 will have only CoS, that means my current H1 will be used by my new sponsor or it will have to file a new petition and the whole processing of H1 will go again?

Hello, Vikrant.

Your current H1B will not be in used in its present form. For the same H1B, a new employer or even your existing employer could file a petition I797 and do a Change of Status (COS). Under COS, you will not have to appear for an interview, you will not have to leave USA. You will receive a fresh I797 in mail and at the bottom you will find your new I94.

I hope this helps.

Wishing you luck.

Cheers,