Valid h1b but can't enter in U.S.

[Pallak]

Hello,

My husband holds h1b visa, when he came for stamping in India he was laid off by his company so he could not travel back to us as he needs an employer to transfer his h1b. I am going on F1 visa. Is it possible for him to retain h1b visa and travel to Us on some other visa like f2 or traveler visa without giving up h1b.? and if he does so is it possible to work on h1b again if he gets employed there after giving interviews?

[Pallak]

Can someone please suggest something .....

[shervin143]

When he applies for the F2 visa (as your dependent) his existing H1B visa will most likely be cancelled. They cannot retain two visas at the same time. However, when he is in U.S, he can find a new H1B sponsor and they can file a COS from F2 to H1B using the CAP from his previous H1B approval notice. Once that gets approved, he can start working. If he wan to keep his existing H1B visa in the passport, then he should transfer his H1B from India and when they gets approved, he can travel using the existing H1B visa and new approval notice and begin working immediately.

[Pallak]

If he wants to continue with same h1b will he be required to go for stamping again after a transfer as There is 1 year gap now for him. Also employers in pharma field are reluctant to transfer his h1b without his presence in U.S. What can be a solution or alternative to this?

[shervin143]

If he wants to continue with same h1b will he be required to go for stamping again after a transfer as There is 1 year gap now for him.
>>> Not required. If the transfer is filed when he is in India, he can travel to U.S using an existing H1B visa (even if it has his previous employer's name) and the new approval notice. If he travels to U.S in F2 visa, then a COS can be filed from F2 to H1B and the COS when approved will come with a new I-94 which will allow him to work. If he leaves U.S and if want to return back in H1B status, then he need to get his H1B visa stamped (since his existing H1B visa will be cancelled when he attends F2 visa interview).

Also employers in pharma field are reluctant to transfer his h1b without his presence in U.S. What can be a solution or alternative to this?
>>> Travel in F2 as your dependent and then file a change of status (COS) from F2 to H1B. He cannot work until the COS gets approved with a new I-94.

[Pallak]

If he wants to continue with same h1b will he be required to go for stamping again after a transfer as There is 1 year gap now for him.
>>> Not required. If the transfer is filed when he is in India, he can travel to U.S using an existing H1B visa (even if it has his previous employer's name) and the new approval notice. If he travels to U.S in F2 visa, then a COS can be filed from F2 to H1B and the COS when approved will come with a new I-94 which will allow him to work. If he leaves U.S and if want to return back in H1B status, then he need to get his H1B visa stamped (since his existing H1B visa will be cancelled when he attends F2 visa interview).

Also employers in pharma field are reluctant to transfer his h1b without his presence in U.S. What can be a solution or alternative to this?
>>> Travel in F2 as your dependent and then file a change of status (COS) from F2 to H1B. He cannot work until the COS gets approved with a new I-94.

Is it possible for him to file COS at any month of year or it will be done in April 2016 only

[shervin143]

Any month of the year since he has already secured a H1B CAP.

Is it possible for him to file COS at any month of year or it will be done in April 2016 only

[Pallak]

[QUOTE=shervin143;426411]Any month of the year since he has already secured a H1B CAP.[/QUOTE


Thank you so much for your valuable response.