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H4-H1-H4-H1 confusion

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  • H4-H1-H4-H1 confusion

    I came here to USA on h4 visa, applied for h1b and got approved h1b change of status petition that would allow me work permit starting from October 2008.
    But due to personal reasons I went back to India on h4 at November 2008 and returned to USA on same H4 at July 2009.
    My Husband filed for the extension on October 2009 for H4 and got approved for my H4 extension valid
    Until Jan-2013.
    I don’t have any contact with my employer; I don’t have anything else other than approved H1B petition.
    So how do I proceed in this case since I have not in touch with him? I need to get into the job since my H1B visa expiration date is September 2011.
    1) Can I transfer my H1b to some other employer?
    2) Since I don’t have pay stub, can I transfer my H1B petition to another employer?
    3) Now what is my status, can I go to job directly by keeping my H1B approval, or
    4) Should I apply for change of status ( From H4 to H1B )?

  • #2
    1) Can I transfer my H1b to some other employer?
    >>> Yes.

    2) Since I don’t have pay stub, can I transfer my H1B petition to another employer?
    >>> You don't need pay stubs since you will have to apply a COS from H4 to H1B.

    3) Now what is my status, can I go to job directly by keeping my H1B approval, or
    >>> You cannot work when you are in H4 status.

    4) Should I apply for change of status ( From H4 to H1B )?
    >>> Yes. COS need to get approved for you to work.
    Not a legal advice. Use of this information is strictly at your own risk.

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