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  • H1--- h4-- h1

    Hi,

    Im currently on H1 an working for an Indian Company. Im planning to apply for a COS to H4 and quit the company. I have a couple of questions.

    1. Can my employer cancel my H1 once i quit the job ? I read in forums that the employer can only cancel the current petition and not the visa. Is that true?
    2. If the above answer is true, then if i have a valid H1B visa, if at a later point of time while on H4, if i find an employer, will he be able to file an H1B for me out of cap ?
    3. Will this process be a COS from H4 to H1 or is it a fresh filing out of cap ?
    4. Also, if im quiting should i receive the COS to H4 receipt, before i quit , so that i wont be out of status? OR Just i need to get the COS filed before i quit ?

    Your help is highly appreciated as im planning to quit this friday

    Thanks,
    Neha

  • #2
    Originally posted by checkmi View Post
    Hi,

    Im currently on H1 an working for an Indian Company. Im planning to apply for a COS to H4 and quit the company. I have a couple of questions.

    1. Can my employer cancel my H1 once i quit the job ? I read in forums that the employer can only cancel the current petition and not the visa. Is that true?
    2. If the above answer is true, then if i have a valid H1B visa, if at a later point of time while on H4, if i find an employer, will he be able to file an H1B for me out of cap ?
    3. Will this process be a COS from H4 to H1 or is it a fresh filing out of cap ?
    4. Also, if im quiting should i receive the COS to H4 receipt, before i quit , so that i wont be out of status? OR Just i need to get the COS filed before i quit ?

    Your help is highly appreciated as im planning to quit this friday

    Thanks,
    Neha
    Hello, Neha.

    Please see my thoughts on your queries:
    1. Can my employer cancel my H1 once i quit the job ? I read in forums that the employer can only cancel the current petition and not the visa. Is that true? - The employer cannot cancel the visa. He can stop his sponsorship and as a result the work status gained, due to that employment, ceases as the sponsorship is discontinued. However, the visa granted to you stays. Whenever you find an employer, you can ask him to again sponsor you and file for a fresh I797.
    2. If the above answer is true, then if i have a valid H1B visa, if at a later point of time while on H4, if i find an employer, will he be able to file an H1B for me out of cap ? - If you file for H1B within 6 years of getting off H1B status, you would be cap exempt. As you were already counted in the cap in the year you were granted H1B, you need not be counted in cap again - for 6 years.
    3. Will this process be a COS from H4 to H1 or is it a fresh filing out of cap ? - As i mentioned, it is about the time duration as well. Within 6 years, cap exempt.
    4. Also, if im quiting should i receive the COS to H4 receipt, before i quit , so that i wont be out of status? OR Just i need to get the COS filed before i quit ? - Best thing is to wait and get the visa transfer confirmation. If not that, you should at least get the visa transfer application acknowledgement receipt from USCIS.

    I hope this helps.

    Wishing you luck.

    Cheers,
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

    Comment


    • #3
      Thanks a ton for the reply !
      Appreciate all the help !

      Thanks
      Neha

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