Applying H1B when on H4

USA H1B Visa
1

Hi

This question was raised by my friend who is in dilema and i coudnt find answer.

Question : My friend has taken long leave from the current company ABC and came to US on january on an h4 visa , if there is a job opportunity and H1B needs to be filed for the same year then

  1. Do ABC company has to be resinged to support H1B documents ?

if yes to resign : there is also option to resign the company ABC online as well…but resigning month will be on february and the candidate is in US on H4 on jannuary month, Will it have any impact for H1B process with respect to Month mismatch (entered US on Jan and resigned on Feb)

  1. If ABC company is not resinged and not collected relieving letter to support H1B

Will it have any impact for H1B process… ?

2

No need to resign to the old company. No relieving letter is required. All you need to do is being able to prove that work exprience, if you had shown it in your H1 petition.

Please note that the H1 petition doesnt require any experience if you have a 12+4 years or equalent degree.

3

My friend has 12+6 yrs of equivalent degree and has work experience of 5 yrs which includes 1.5 yrs in the current company (ABC), so is it sufficient to only submit the offer letter as they have not yet resigned from the current company (ABC).