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H1 and H4 : Urgent

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  • H1 and H4 : Urgent

    Hi All,
    Urgently need your help.
    I'm currently holding a valid H1 visa and had returned from US in October 2007. I'm getting married in Dec.
    My would be husband is working in US on H1 visa through different employer.
    Now my company is not ready to send me on permanent basis and asking for my resignation.
    Is there any way i can save my H1 visa.
    Also if i resign and apply for H4, will my H1 be withdrawn right away?
    Can't i get H4 visa and then get my H1 transferred later when i'll be in US?


  • #2
    My understanding is once you change status, your previous visa becomes void.This has been the norm.So your H1 will become void once you are on H4. You can look for jobs in non-profit organizations(NGO's, universities).They do not have any start dates on H1 visa.They are exempt from the CAP. Once you are on H4, yes you can always change to H1. I have seen a few people on this forum do that. But getting your H1 transfered is possible and has to be done ASAP. It depends on how fast your present employer will terminate the H1. I read somewhere in this forum that you have to get it transfered in 10 days or if your employer is going to terminate in 30 days, you can look for other opportunities during this time and make the transfer.The best route would be to get a transfer if possible.If not get on H4, get a job in a non-profit because then you can get your H1 immediately.
    All the best
    Note that this is not a legal advice. Consult your immigration attorney for the best upto-date information.


    • #3
      you have been counted against cap once so are cap-exempt for 6 years.
      What this means is that nay company can apply for your H1 with documents from prev H1 to show that ypu are cap exempt.

      Keep all H1 docs/copies with you. If you get a job and H1 approval before you leave India then ou wont need a new stamp if the old stamp is still valid. Once you go there on H4 you can always file for COS. But will have to wait till you get approval before you can statrt work.


      • #4
        The latest development is i have applied for my H1 transfer and am successful in getting the tracking number but the complete H1 transfer will take time.
        Now i'm left with one question only
        When my H1 transfer application is lying with these people but the process has not completed yet n if i go for H4 now, what will happen?
        Will they terminate my H1?
        The consultant through whom i'm trying to get my visa transfer is saying it will not be terminated but still i don't beleive him completely.
        I have already spent so much in getting my visa transfer and still the work is not yet done.
        Can any one guide me on this