H1B -> H4 -> H1B (when does new H1B become effective?)

[pqpq0101]

Hi all,

I was recently let-go from a company where I worked on H1B. From there, I've now applied for H4 dependent visa, and am looking for jobs. I checked on the USCIS H1B quota status for the 2011 fiscal year, and found that they have approximately 20k left in the two categories combined.

My question is - if I get a job now, and the quota is still available, will the H1B filed by my new employer be immediately active (post-administrative processing time), or will I have to wait for the October 2011 time line to be able to start working? Is there a USCIS website link that will make this clear?

Many thanks for your replies - I really appreciate your help.

[shervin143]

H1B in total is for 6 years. I assume you haven't used all 6 years in that CAP. In such case, a new employer can file a H1B petition on your behalf using your existing CAP (You are already CAP counted. You don't fall under the quota). Just provide the new employer a copy of your last H1B approval notice (Or atleast the receipt number from the approval notice) and they should be able to file the petition under the same CAP and request an immediate start date.

If you have used all 6 years in your H1B CAP, then you have to stay out of U.S for 1 whole year to get a fresh H1B (Under new CAP).

[pqpq0101]

Thank you very much for your reply!

One related question I have is that since I have a H4 application in processing - will this clash with the new H1B application - meaning will I have to wait till the H4 petition has been approved before my new employer can file the H1B petition?

Or can I request the H4 application to be canceled, and submit this new H1B petition?

Also, can I request change of processing status to premium for the existing H4 petition that has been sent to USCIS already?

I really appreciate your replies as I'm trying to figure out the best way to navigate this situation.

[shervin143]

One related question I have is that since I have a H4 application in processing - will this clash with the new H1B application - meaning will I have to wait till the H4 petition has been approved before my new employer can file the H1B petition?
>>> Search and read about the "last action rule" in immihelp. Your status will change as per the last approved petition (If it ocmes with a new I-94). If your COS to H4 gets approved after your H1B approval, then your status will change to H4 and you can no longer work. You will eithet have to file a COS to H1B again or leave the country and return back in H1B visa.

Or can I request the H4 application to be canceled, and submit this new H1B petition?
>>> Possible. File the H1B and then revoke the pending H4. I would advise you to consult an attorney.

Also, can I request change of processing status to premium for the existing H4 petition that has been sent to USCIS already?
>>> There is no premium processing for H4.

[pqpq0101]

Many thanks, Shervin143 - I just spoke to my old company lawyer and she essentially repeated what you told me. That is a big relief. The only additional thing per her, is that the new employer will have to be told about the H4 petition in advance, before they prepare their documentation.

Thanks,
Anand