Spouse H1B to H4 Visa and again to H1 Visa

Hi, Can anyone please calrify my questions?

	Currently I hold valid H1B visa (stamped in Chennai) from company "[b]A[/b]" till july 2013, in case I apply for H4 stamping (my company claims they dont have any projects) and H4 gets approved, will the existing H1B will be [b]CANCELLED[/b]? or once i come to USA on H4, i can apply for Change of status [b](COS)[/b] to H1B?

	Can company "[b]A[/b]" cancel my existing H1B visa? or inform to USCIS that my H1B is no longer valid??

	In case i apply for transfer when I am in India and get the receipt number, can i enter USA with that receipt number as my H1B visa is valid? or the new H1B petetion (H1 Transfer) should be approved?


The visa stamp may be canceled when you go for H-4 visa stamping. It will be VO’s discretion. Irrespective of whether it gets canceled or not, you can apply for cap-exempt H-1 along w/ COS after entering US on H-4 visa

Yes, even A can withdraw the H-1 petition or get the visa stamp canceled. Even then you can apply for cap-exempt petition in future along w/ COS from H-4 to H-1

Do not enter on H-1 petition that is not approved. If you file for H-1 transfer from India, then use the new petition for travel purposes only after it has been approved.

Hi Saurabh, Thank you for your reply. Any idea what is the procedure to apply COS is that employer should take care to have the status changed from H4 to H1?? and also any idea what is the cost involved??

If it is to the same employer who hold previous H-1 petition, then they just need to file COS application which would cost around $300 or so. If it is to a different employer then it is COS + H-1 transfer which can cost b/w $2000-$4000 depending upon employer size and number/percentage of H-1/L-1 employees at the firm.

Thanks Saurbh, Last question is there any risk or more paper work involved from the employer side to apply for Change of status? will employers be in a favour to do that?

It will be same paperwork as for initial filing. The only additional documents will be your spouse’s payslips and your I-94 (to show that you are in valid H-4 status). Yes, employers are willing to do that as the cap is done for the year, and companies may still need additional manpower.

Payslips??? if she is on H4 she can’t provide pay slips or you meant previous payslips when she worked in India??

I said spouse’s payslips. These are the payslips of the spouse who is in US on H-1.

Thank you so much for your replies…