Is my H1-B valid to look for another Job?


I have a valid H1-B visa (till 2014) through my Old Employer - A. I worked in US for around 7months and returned back to India. I resigned from Employer - A to join my husband in Singapore.

Currently, I am working with Singapore. However, recently my Husband got his H1-B filed. Wanted to check, whether my H1-B visa is still valid, and can I apply for a transfer if I find a new job in US?

Or do I need to apply for H4 visa with my Husband? Is there any problem in getting my H4 stamped while I still have valid H1-B on my passport.


You have both options -

  1. Get H-4 visa stamped, and enter US on that. Later find an employer willing to file cap-exempt H-1 (aka H-1 transfer) for you using the previously approved petition, along w/ COS. Once it is approved, you can start working on H-1

  2. Find an employer now and have them file cap-exempt H-1 for you using the previously approved petition w/ consular processing. Once approved, go for H-1 stamping (if the previous stamp has expired) and travel to US to work for new employer on H-1.

Whether you want to do 1 or 2 depends upon how soon you can find an employer and what kind of timeline you are expecting (your husband leaving for US while you staying back for H-1 to process etc).

For cap-exempt petition, you need copy of approval notice from previous employer, you most recent payslips when you were in US for those 7 months and copy of W-2.