H1b To H4 ( Emergency ) ( To revoke h1b and apply for cos in India )

USA H1B Visa
1

Hi Saurabh,

Mine is a recent h1b. I got approval in sep 2012 and work permit from oct 2012.

After getting the h1b approval, i transferred my visa to employer B and worked from Nov 2012 to March 2013. Now, because of an emergency i have to go to India. My client rejected the leave and my employer do not support for stamping.

So, i am planning to revoke my visa and apply for H4. But , when we apply for cos i know that we cannot cross the country.

Is it possible to go on h1b and apply for cos while in India and come back on h4 to us. (In the past i have only h4 stamping on my passport and not h1b. So, when i apply for h4 being in india do i need to go for the interview once again ?)

Since, my h1b is under cap exemption. After comming back , can i transfer my h1b again if any employer is willing me to sponser a visa. (any issues around this ?) (or) being in India, can i take interviews here and once i crack if the employer is willing to do a transfer should i go for transfer once again ? (or) can i ask my current employer to search an other job while am in India.

I would appreciate all the advices as i have an emergency and had to go for One month and just for a month i want ur valuable suggestions so that i can come back and work again . After going through the hell of h4 it is becomming so tough to take a desicion on h1b .

Thanks a ton for everyone !

2

I got my h4 stamping in India which is valid till 2014 and also when i got my h1b in 2012 , i got the approval till 2015 …

3

You cannot go for H-1 visa stamping or return on H-1 petition unless your H-1 employer supports your employment.

You cannot apply for COS from outside US as it can only be applied when you are inside US.

What can happen is:

  • return on stamped H-4 visa. You don’t need to go for another stamping as long as your current H-4 visa stamp has not expired

  • find an employer and ask them to file cap-exempt petition for you along w/ COS from H-4 to H-1

  • once approved, start working for new H-1 employer

4

Hi Saurabh,

Thank you sooooooooooo much :). Thanks a ton for the reply.
So, if i understand you correctly, i can fly on h1b without applying any cos and can return on my previous stamped h4 right ? So, i can give resignation at client place and fly immediately .

So, i will be having a new i94 of h4 at port of entry and after comming back i can apply for cos and new cap exempt h1b …sounds cool.

Once again, Thank you soooo much. I will follow accordingly …

God bless you and have a great day ahead :slight_smile: :).