I am currently holding H4 and my H1 is approved, though am working in India right now I plan to resign and move to US on H4 and then file COS. I have few questions which I mentioned below I would appreciate if you can answer them in detail,
a) If I travel on h4 and file COS to H1, would I have to remain on H4 status for two months till I start working? Is it a legal obligation for me to switch to H1?
b) Ideally my employer, who happens to be a consultant has to find a job for me, however I am not confident about he finding a job for me. Is there a possibly for me to change employer and find a direct job? If yes what would be the process to transfer my H1?
c) Is there a possibility for my employer to cancel my H1 in any case without my knowledge?
d) My aim is to not be without job for long so I want to put a well thought step and I am confused about procedure to follow to get a job and start working and my consultant seems to be ill informed about it and has not shared my H1 documents yet.
I would appreciate your reply at the earliest
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You will remain on H-4 status until COS is approved. From COS effective date, you have to work on H-1 and start getting paid.
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Yes, this is possible. You can find a new employer and ask them to file H-1 transfer + COS for you. If your status is still H-4 then no payslips are required, just a copy of previous approval notice.
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Yes, they can withdraw the H-1 petition w/o letting you know. It is still possible to do (2) in this case.
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At least get the copy of the approval notice from your employer. If not, know the receipt number for your petition and keep a copy of online status. Once you enter US on H-4, you can do #2.