H1 to H4 to H1

[ishuoshu]

Hi all,

I am currently on my H1-B visa working full time with my employer. Since I need to join my husband who is working in a different location in US(he is on his H1-B), I am planning to change my status to H4 and relocate. My current H1-B petition is in approved status which is valid till 2016 and not stamped in my passport yet.

Here are my questions.

1. Once I quit my company and change my status to H4, what will happen to my H1-B file number. Will it go invalid or petition will be cancelled?
2. If not, can I use my current H1-B petition number later(like say after 6 months), if I get any job opportunity? Will that work out? What will be the lead time in that case?

Hope I conveyed my questions correctly. Eagerly waiting for some help. Thanks very much in advance.

Regards.

[raghvi]

Hi all,

I am currently on my H1-B visa working full time with my employer. Since I need to join my husband who is working in a different location in US(he is on his H1-B), I am planning to change my status to H4 and relocate. My current H1-B petition is in approved status which is valid till 2016 and not stamped in my passport yet.

Here are my questions.

1. Once I quit my company and change my status to H4, what will happen to my H1-B file number. Will it go invalid or petition will be cancelled?
2. If not, can I use my current H1-B petition number later(like say after 6 months), if I get any job opportunity? Will that work out? What will be the lead time in that case?

Hope I conveyed my questions correctly. Eagerly waiting for some help. Thanks very much in advance.

Regards.

1. You would still be cap exempt and need not be part of the quota for the next 6 Years.
2. Yes. But you can do so only after first getting H1 to H4 approved, then any employer can file a H4 to H1 using the cap exempt petition. H1 to H4 can take few months, H4 to H1 can happen in 2-4 weeks if filed in premium.

This is my opinion not legal advice.

[ishuoshu]

H1 to H4 to H1

Thanks Raghav,

Also, I have a question if the empolyer cancels my H1-B visa if I quit, will I be able to do my H4 to H1 at a later point of time with the same file number?

Regards,
Iswarya.

[raghvi]

It doesnt matter if the employer cancels/revokes the H1. You would still be cap exempt. Do ensure you keep a copy of the original approval notice as that is the one which will prove that you are already cap counted.

This is my opinion not legal advice.