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.
I'm still very amazed and appreciative of how Mr. Khanna approached my case. My case is a very unique and uncommon H-1B transfer. I have approached a few different lawyers but none of them really know the answer. Mr. Khanna was kind enough to spend his valuable time to consult me at no charge because he himself is curious about my case. I could tell he loves what he is doing and constantly keeps up with the latest of what is happening in the immigration laws. I'd wholeheartedly recommend Mr. Khanna to anyone seeking legal consultation.