H1b & h4

[Gythrm19]

Hi,

I'm currently working in a company 'A' and i have approved H1B petition. My husband is working in a company 'B' and working in US right now.

I did not go for stamping as my project is not finalised yet in my company. Now i'm planning to applying for H4.

Anyone could answer the below questions please:

If I apply H4 and get it stamped after that will my H1b approved petition become invalid?

Using by approved H1B petition is it possible to get job in US?

Also please suggest the best options to work in US at the earliest.

Thanks!

[raghvi]

Hi,

I'm currently working in a company 'A' and i have approved H1B petition. My husband is working in a company 'B' and working in US right now.

I did not go for stamping as my project is not finalised yet in my company. Now i'm planning to applying for H4.

Anyone could answer the below questions please:

If I apply H4 and get it stamped after that will my H1b approved petition become invalid?

Using by approved H1B petition is it possible to get job in US?

Also please suggest the best options to work in US at the earliest.

Thanks!

Some dates would have helped. When was the petition filed? Do you have to approval notice with you?

Your petition would only be valid if used with the current employer till the date listed on it. But even other wise, as you are already cap counted you would remain cap exempt for 6 Years from the initial cap count year. So what this means is that for 6 Years from the initial Cap year, another employer can file a cap exempt H1 petition for you. Once the new employer's petition is approved you can start working for them.

So first make sure you have the approval notice with you, then find an employer willing to employ you on H1 and give them the approval notice so that they can file a cap exempt petition for you.

This is my opinion not legal advice.

[Gythrm19]

Hi Raghvi,

Thanks for your reply!!
I have the approved petition till 30sep 2015. But I have only the soft copy of the petition. My employer did give the original petition copy.
Can you please tell me if the soft copy is enough or the original is required?

Thanks!!

Some dates would have helped. When was the petition filed? Do you have to approval notice with you?

Your petition would only be valid if used with the current employer till the date listed on it. But even other wise, as you are already cap counted you would remain cap exempt for 6 Years from the initial cap count year. So what this means is that for 6 Years from the initial Cap year, another employer can file a cap exempt H1 petition for you. Once the new employer's petition is approved you can start working for them.

So first make sure you have the approval notice with you, then find an employer willing to employ you on H1 and give them the approval notice so that they can file a cap exempt petition for you.

This is my opinion not legal advice.

[sachinkk]

Need Help

Hi
I have question on h1b.

I have my old h1b petition which I have used around 5 years and back in India from last more than 3 years.

1. Am I eligible for applying h1b ext or new cap h1b this year?
2. If I am eligible for old petition ext can I also apply cap h1b?

Thanks,
Sachin

[raghvi]

Hi Raghvi,

Thanks for your reply!!
I have the approved petition till 30sep 2015. But I have only the soft copy of the petition. My employer did give the original petition copy.
Can you please tell me if the soft copy is enough or the original is required?

Thanks!!

Copy should be fine.

This is my opinion not legal advice.