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Seek Expert advice on My Case - H4 to H1b COS or Direct H1b To H1b

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  • Seek Expert advice on My Case - H4 to H1b COS or Direct H1b To H1b

    Hello,

    I am an employee of Company A with a valid H1B visa till August 2016. I spent close to 10 months in USA and Returned back to India in 2014..

    My Husband is an employee of Company B And recently moved to USA on his New H1b Application.

    Current Situation:
    I want to QUIT my Company A and join my husband in the USA. I also have an Infant with me and would not mind being at home for 4-5 months if need be (However I would prefer working immediately).

    Options:
    1) Company B can raise a H4 visa for me and my child. I can be at home and a suitable employer can file a COS for me from H4 to H1B

    Question:
    Is this option a Safe to do one ? Does this happen often ? I don't want to end up being on H4 forever even though I have a Valid H1B petition. Also is there a new rule that I cannot apply for a COS before 1 year as I am on H4 ?

    Option 2:
    2) I can find a suitable employer while I am in India. He can directly transfer my H1, I can quit company A and travel as their employee.

    I am confused between the 2 options and I am looking for the safest option.
    Really Seek some expert advice please

    Kind Regards

  • #2
    Originally posted by admit View Post
    Hello,

    I am an employee of Company A with a valid H1B visa till August 2016. I spent close to 10 months in USA and Returned back to India in 2014..

    My Husband is an employee of Company B And recently moved to USA on his New H1b Application.

    Current Situation:
    I want to QUIT my Company A and join my husband in the USA. I also have an Infant with me and would not mind being at home for 4-5 months if need be (However I would prefer working immediately).

    Options:
    1) Company B can raise a H4 visa for me and my child. I can be at home and a suitable employer can file a COS for me from H4 to H1B

    Question:
    Is this option a Safe to do one ? Does this happen often ? I don't want to end up being on H4 forever even though I have a Valid H1B petition. Also is there a new rule that I cannot apply for a COS before 1 year as I am on H4 ?

    Option 2:
    2) I can find a suitable employer while I am in India. He can directly transfer my H1, I can quit company A and travel as their employee.

    I am confused between the 2 options and I am looking for the safest option.
    Really Seek some expert advice please

    Kind Regards
    Option 1 Seems best as that allows you to be with family, as well as its easier to search for jobs while you already in US.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Option 1 Seems best as that allows you to be with family, as well as its easier to search for jobs while you already in US.

      This is my opinion not legal advice.


      Thank you so Much Raghvi for your prompt reply.
      So this is a safe option right and is a common practice ? I am just a little worried about my career as I will not be having any employment at hand.
      Also is there a rule that I cannot apply COS before an year (Be on H4 for atleast an year ) ?

      Kind Regards

      Comment

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