H1 to H4 and then H4 to H1

[satsen]

Hi,
I have a valid H1B visa till Sep 2016 through my current organisation. I have not travelled to the US on my visa so far. My husband already works in the US on H1B. My current organisation is not willing to send me on H1B to the same location. So i have planned to quit my organisation and travel to US on H4. My questions on this are:
1. Will it be possible to convert my H4 to H1 after going to US.
2. Can my already approved petition used for this. If yes, what is the procedure for that. If not, then will i have to go through the lottery process again.
3. Will my petition become invalid if i quit my organisation or is it possible for my organisation to cancel or withdraw my petition.
Kindly advice on the possible solutions for this.
Thanks in advance.

[raghvi]

Hi,
I have a valid H1B visa till Sep 2016 through my current organisation. I have not travelled to the US on my visa so far. My husband already works in the US on H1B. My current organisation is not willing to send me on H1B to the same location. So i have planned to quit my organisation and travel to US on H4. My questions on this are:
1. Will it be possible to convert my H4 to H1 after going to US.
2. Can my already approved petition used for this. If yes, what is the procedure for that. If not, then will i have to go through the lottery process again.
3. Will my petition become invalid if i quit my organisation or is it possible for my organisation to cancel or withdraw my petition.
Kindly advice on the possible solutions for this.
Thanks in advance.

1. Yes.
2. Yes. Your approved petition is proof of you already being cap counted hence no need to go through lottery again.
3. It does not matter even if the organization cancels the petition, the fact that you were already cap counted enables another employer to file a cap exempt petition for you. You just have to provide the next employer with the copy of your approval notice.

This is my opinion not legal advice.