Question details
My spouse and I work for the same IT company. My spouse who is on H-1B visa is already in the US and my H-1B is under process, hoping to get it stamped latest by October 13th. I plan to quit my current job after stamping is over(may be in Oct13) and join my spouse on dependent visa (H-4).
1) When I apply for H-4, will my H-1B be valid or my company will cancel my H-1B?
2) Assuming H-1B still remains valid after my H-4, can I apply for change of status to H-1 later and search for jobs while on H-4?
3) How long does it take for change of status from H-4 to H-1?
1. H-1 cancellation (revocation) is not automatic, but the company would have to be extremely ill-informed not to revoke the H-1. They must.
2. You can revert back to H-1 from H-4. You will not be subject to quota.
3. The same time as a new H-1. Apply premium if in a hurry.
RFE In short:
1.Petitioner’s employee-employer relationship with the beneficiary which may include
- Contracts or letter from end-client.
- An itinerary with name, address and duration of work.
- Certified planning documents from County showing the Business is in Commercial Lot
- Documentary example of petitioner’s products or service.
- H1-B employees routinely met conditions of employment, including work
hours and invoices etc
-Petitioner works on Speciality Occupation mentioned in the labor
We received an RFE for evidences from end client. Anna and Rajiv submitted all the needed documents to USCIS and after a week, we got an email from Anna Baker saying that, USCIS approved my H-1 application with the I-94 attached to it, as well as the H-4's for his dependents.
On reading the message I was so excited as It has been a struggle for all 4 months with RFE for 8th year extension. Anna and Rajiv sincerely worked on the case to make it successful. Especially with complications in my cases, as there were vendor layers involved to the end client, atleast 30 to 40 people from my parent company, vendors and end client including Rajivs staff were directly or indirectly involved at each step of scrutiny on my documents and they all deserve my thanks too. Special Credits to Anna and Rajiv as they did a Great Job. Hurrah!!!!!!!!