H1 approved without stamping but coming on H4

[Dev Lankapati]

My situation is:
Currently I have H1b approved notice but without stamping and my wife holds an H1b approval with stamping. The thing is we both have the same company who sponsored us H1. Now, the company is saying that we dont have currently work for you and asking me to come on H4 instead of going though H1b stamping. According to my company they are saying that they can hold my current H1 status so I can apply for H4 and once I am in US, I can show and apply to any other company saying that I do have valid H1 approval. So if any company hires me they can transfer my H1 from my current company to new employeer.

Is it possible this way? Or which way I have to go? because my employeer is not letting me go for stamping on h1b.

Please suggest.

[raghvi]

My situation is:
Currently I have H1b approved notice but without stamping and my wife holds an H1b approval with stamping. The thing is we both have the same company who sponsored us H1. Now, the company is saying that we dont have currently work for you and asking me to come on H4 instead of going though H1b stamping. According to my company they are saying that they can hold my current H1 status so I can apply for H4 and once I am in US, I can show and apply to any other company saying that I do have valid H1 approval. So if any company hires me they can transfer my H1 from my current company to new employeer.

Is it possible this way? Or which way I have to go? because my employeer is not letting me go for stamping on h1b.

Please suggest.

If the employer does not have work for you they are justified in not sending you for H1 stamping. Go for H4 stamping enter US in H4 and when employer has work for you they can file a H4 to H1 Change Of Status for you and once the COS is approved you can work.

This is my opinion not legal advice.

[Dev Lankapati]

If the employer does not have work for you they are justified in not sending you for H1 stamping. Go for H4 stamping enter US in H4 and when employer has work for you they can file a H4 to H1 Change Of Status for you and once the COS is approved you can work.

This is my opinion not legal advice.

You are right. But what if I do not want to work for that particular company who filled my H1? Suppose if I find another employer who can transfer my H1 then can I have to COS? How risky is COS? also, my employeer told me that if I find any other company who can do transfer than I need to pay him $18000, do not know for what reason as they said it's company policy. What if I can go directly find an employer who can do transfer without notifiying my current employer? As he is asking a huge money I want to skip him. I am only afraid as my original H1 approval notice is still with him.

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