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H1B Visa Transfer Challenges

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  • H1B Visa Transfer Challenges

    I am currently on an H1B visa valid till Sep 2016. And will be leaving my company with a severance package at the end of Jan 2014. I have just started the process of H1-B transfer to a different employer. My wife is also on an H1B visa.
    My questions:
    1. If my H1B transfer to new employer is denied for some reason can I transfer to an H4 visa status after my current employment ends in Jan 2014?
    2. Can I transfer back to an H1B status from H4 whenever I find a job?
    3. Do I need to leave the US for any of the H1B transfers?

    Thanks,
    Aarav

  • #2
    Originally posted by infoforme View Post
    I am currently on an H1B visa valid till Sep 2016. And will be leaving my company with a severance package at the end of Jan 2014. I have just started the process of H1-B transfer to a different employer. My wife is also on an H1B visa.
    My questions:
    1. If my H1B transfer to new employer is denied for some reason can I transfer to an H4 visa status after my current employment ends in Jan 2014? -- Not within the US. You will have to leave and return with H4 Visa.
    2. Can I transfer back to an H1B status from H4 whenever I find a job? -- Yes.
    3. Do I need to leave the US for any of the H1B transfers? -- If you are not maintaining your status when the new change of status or transfer is filed, you will have to leave the US.

    Thanks,
    Aarav
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Follow Up Questions

      Thanks kabkaba!!

      Quick follow up question - if I file for a change of status from H1-B to H4 visa while I am still employed with my current employer, then can I do it while being in the US?

      Thanks,
      Aarav

      Comment


      • #4
        Yes, using form I-539.
        This is my opinion and not legal advice.

        Comment

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