On OPT -H1B Approved- can I apply H4 ? Still has OPT until Dec

[SUBMIT999]

I am on my OPT now and currently working (Less Pay) , has opt until Dec 4th. I applied for my H1B through a consulting company and H1B got approved.

Should I stop the current job from Oct 1st , even if I have my OPT until Dec 4th?

If I don’t get the project in OCT, I will be out of status; Can I apply for H4 visa also and make use of H1B when I get the project?

If I want to take a break for few months before I take H1B can I apply for my H4 Visa as I am still on OPT until Dec 4th. Can I apply for H4 now? and Resume or use H1b visa when I am ready /or get a project

Please help I am so confused.

[kabkaba]

If H1 is approved as change of status with a new I-94, your OPT ends on Sep 30 and you must join H1 employer from Oct 1. To avoid this you can either leave the US before Sep 30 and return on F1 Visa after Oct 1 to continue OPT with your current employer or apply for change of status to H4. Once change of status to H4 is approved you must stop working.
Since you have been cap counted, any employer can file a cap-exempt petition for you at any time until you use 6 years in H1 status.

[SUBMIT999]

Thx for you reply. But what is cap exempt petition and Cap count. CAn you pleas etell about this clearly?

I dont want to go out of USA. can I apply for my H4 also now at the same time ?Even my H1 b got approved for this oct 2011?

[kabkaba]

There is an annual limit on how many people can get H1B which is called cap. You will not be subject to cap since you have already been counted against cap. So in the future even if cap gets over, an employer can still file for you.

You have to check whether H1 is approved with change of status or without.
If H1 is approved as change of status with a new I-94, your OPT ends on Sep 30 and you must join the H1 employer from Oct 1.
To avoid this you can either leave the US before Sep 30 and return on F1 Visa after Oct 1 to continue OPT with your current employer or apply for change of status to H4. Once change of status to H4 is approved you must stop working.
If H1 is approved without change of status, your F1(OPT) status continues.

[shervin143]

To add to the below, the H4 effective date should be on ro after Oct 1st. If the H4 becomes effective befire Oct 1st, then Oct 1st yor status will chnage to H1B and you have to work for the H1B sponsor.

[SUBMIT999]

I understand that.
My question is , can I apply for H4 now and use H1 b both?
Like if I get a project can I switch to H1 and if I am not working can I swtich to H4.

Some of my fnds are doing this. They are on H4 and H1 both.
Is there any chance or way , I can swtich b/w both the visas.?

If yes I will apply for H4 now.
I am not sure if I am clear or not . Ans is appreicated.

Thx so much

[kabkaba]

At any point of time you have only 1 status. It depends on latest issued I-94 (whether issued at POE, or issued with petition approval notice).

If the latest I-94 says H1, you have to maintain H1 status by working full-time. If you don't work you are ouf of status.

If the latest I-94 says H4 you have to maintain H4 status by not working (your spouse must maintain his/her H1 status, otherwise H4 will also be out of status).

There are two ways to change status, one is to file petition with USCIS and second is to leave the US and return with another Visa.

If you are unable to maintain status at any point of time you must either file for change of status or leave the US before you stop maintaining status.

If you stay in the US after your latest I-94 expires without filing extension of status, you are illegally present.

[SUBMIT999]

As I said,I am working on my OPT job(Less pay), I asked my employer if I can work on my current OPT job. He said yes.
Mean while they will market me. Once I get the project from them , they will keep that date as the start date with them.

So my understanding is I can work on my OPT job until Dec 4th(End of my OPT). Mean whileI am planning to search fro other Full time jobs as well. and if I get the other job I can ask them to sponsor new H1B.

If not I will apply for H4 visa and change to H4 visa.

Can I do this?

And later I will search for jobs on H4 , if I get any I will move to H1.

Is it possible?

[kabkaba]

Please read all the above answers and check your latest I-94 (either issued at port of entry or coming with H1 approval notice).

[SUBMIT999]

I didnt get the approval notice yet to my home/. I just saw my status online in USCIS that I got an approval for H1 and my employer mentioned me about this.

Can some one pls answer to my questions about when to apply for H4 visa? If I apply for H4 visa can I reuse my H1 later when I find the right employer who can sponsor me(Does this situation counts as H1b transfer)

Plsssss lemme know

[kabkaba]

What part do you not understand? If you have not received the approval notice yet, wait for it. Answer depends on whether the approval notice has an I-94 or not.