H1B visa holder and spouse on student visa

[vivekthacker]

All,

My wife is planning to take up masters in the US and enter US on student visa. Now I was thinking of quitting my current job (outside US) and then join her in the US. This is because I hold a valid H1B visa (approved and stamped) and that gives me the confidence of finding a job there without visa limitation.

But what I am not sure is how to enter, even though I hold a H1b, can’t enter on that basis as I would be quitting the company so there won’t be any supporting documents from my company.

Will I have to enter as a dependent of my spouse and then find a company who can then transfer my existing H1B in their name?

Does anyone has similar experience from which I can benefit? Any info would be much apppreciated.

Cheers,
Vivek

[shervin143]

Two options.

1) Get the F2 visa (Dependent to your spouse who has a F1 visa) and enter U.S in F2. When you go for F2 stamping, your H1B visa will be cancelled. When you are in U.S, find an employer who has a job matching your skill set and file the COS from F2 to H1B. You cannot work until the COS to H1B gets approved. There is premium processing that can get you the result within 15 days.

2) Since you already have the H1B visa stamped, find an employer from outside U.S and ask them to file the H1B transfer. Once the transfer gets approved, you can use your existing H1B visa and the newly approved petition to travel to U.S in H1B status and begin working immediately.

[vivekthacker]

Thanks Shervin. Option 2 does sounds better.

In terms of options 1, is filing of COS a like applying for new H1B itself? What are the chances or it getting rejected? Basically, if the route is risky and there is high probability of me not being able to capitalize on my H1B then I would actually prefer to go down with option 1.

[shervin143]

There is no difference between option 1 and 2 except that one is filed from outside U.S and will come without a new I-94 and the other is filed from inside U.S and will come with a new I-94 if approved thus changing your status from F2 to H1B. Filing wise there is no big difference and the chances of approval are same on both the cases.

Thanks Shervin. Option 2 does sounds better.

In terms of options 1, is filing of COS a like applying for new H1B itself? What are the chances or it getting rejected? Basically, if the route is risky and there is high probability of me not being able to capitalize on my H1B then I would actually prefer to go down with option 1.

[vivekthacker]

Thanks Shervin, much clearer. You are very helpful, as always.