H1B quit job, leave USA, H4 VISA interview

[oneWithTheH]

Hi all,

Following is my scenario.

1. I have an approved H1B starting Oct 1, 2015 with my current company.
2. I plan to work for this company during the first 3 weeks of Oct and then quit my job since I dont wish to work for this employer anymore.
3. I am going to India and will come back to USA in first week of December on H4 visa of my spouse.
4. Once I come back, I plan to apply for H4 EAD using my spouse's approved I-140. In parallel, I will also be looking for an H1b sponsor and try to use either options(H1B or H4 EAD) while looking for the job.

Questions
1. Since I work on H1B for 3 weeks in October, I hope to be cap-exempt in the future if I find an H1b sponsor. Is this understanding correct?
2. Can I find a H1B sponsor, initiate a H1B transfer in October and leave the USA? The plan is to work for this employer in USA after I come back from India .
3. In case, I don't find a h1b sponsor before I leave USA and assuming I find a sponsor while I am in India, can I initiate the H1B transfer petition with this sponsor while I am in India? Or do I have to be in USA to do this?
4. In any of the above scenarios, are there any problems appearing for H4 visa interview?

[raghvi]

Hi all,

Following is my scenario.

1. I have an approved H1B starting Oct 1, 2015 with my current company.
2. I plan to work for this company during the first 3 weeks of Oct and then quit my job since I dont wish to work for this employer anymore.
3. I am going to India and will come back to USA in first week of December on H4 visa of my spouse.
4. Once I come back, I plan to apply for H4 EAD using my spouse's approved I-140. In parallel, I will also be looking for an H1b sponsor and try to use either options(H1B or H4 EAD) while looking for the job.

Questions
1. Since I work on H1B for 3 weeks in October, I hope to be cap-exempt in the future if I find an H1b sponsor. Is this understanding correct?
2. Can I find a H1B sponsor, initiate a H1B transfer in October and leave the USA? The plan is to work for this employer in USA after I come back from India .
3. In case, I don't find a h1b sponsor before I leave USA and assuming I find a sponsor while I am in India, can I initiate the H1B transfer petition with this sponsor while I am in India? Or do I have to be in USA to do this?
4. In any of the above scenarios, are there any problems appearing for H4 visa interview?

1. Yes.
2. Merely initiating the transfer would not allow you to immediately work for the employer upon return. You need to have the employer's petition approved before you can begin work for them. You need to carefully think this through. Mentally put yourself at the time of your entry into US in Dec. Assuming you get H4 visa, and assuming your H1 visa in passport is not cancelled, at the port of your old H1 visa, entry you would have to show the visa on which you would like to enter. If you show H4 visa, and your spouse's H1 petition and pay stubs(if required) upon entry to US you are considered to be on H4 status, in order to work for H1 employer you would need to get a H4 to h1 filed. On the other hand if you show your old h1 visa, you need to back it up with the petition of your employer, if you show old employer's petition you must work with them upon entry, you would need the approval notice of new employer in order to work for them.
3. Technically you can , but you need the petition to be approved before you can begin work for them in US.
4. I dont see a problem for H4 as logn as your spouse is maintaining valid H1 status.

This is my opinion not legal advice.