H1b Visa transfer while on H4 please help

USA H1B Visa
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My understanding is that (Please correct me if I am wrong):

  • One can have both H1b and H4 visa at the same time.
  • One can travel in H4 visa to US and then search job if H1b already stamped in Passport (provided your employer is ready for visa transfer from H4 to H1b)

Also please look into the below scenarios:

Scenario 1: As I have seen in the some discussions, there are chances that USCIS may cancel the H1b status if one is holding both H1b and H4 at the same time. Am I correct?. In that case, can that person arrive in US in H4 as dependent and then search job (since that person is already under H1b cap)

Scenario 2: the person holding both H1b and H4 and still in India working in the company A who filed for his/her H1b. Can he/she resign the job in the company A and travel to US in H4 and once arrived in US, search for job?

Scenario 3: the person holding both H1b and H4 and still in India working in the company A who filed for his/her H1b. Can he/she travel to US on H4 (still working with the company A and traveled to US by taking a month or two of vacation) and once arrived in US, search for job?

Appreciate a lot for helping me here. Thank you.

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Read response in other thread Can we have valid H1B and H4 visa at the same time and can search for a job? - #6 by Kumar

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Thank you so much Kumar :slight_smile: . Was really confused on this topic.

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Also, are there people finding jobs in US while staying in US in H4 (considering H1 already stamped and say the job role is software tester)?..I know its more of a generic question. Any answers from any members in this community will be greatly helping. I believe may of you already would have gone through this. So basically my ask is, is it a good decision to bring your spouse in H4 and search for job expecting a COS from H4 to H1?

Thanks a lot - Bibseb,

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It is a pretty common thing, there are so many people on H4 doing the same. Yeah, I would say a lot of them…Yes, it is possible. The biggest advantage is having counted towards H1B cap previously, so that you can do COS anytime you need.

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