Urgent Info Required: Will Unused H1 Petition be cancelled if H4 is applied

[debashree13]

Hi All,

Need urgent information. My current employer filed H1b in 2012 & I got a petition in Feb 2012 with validity till Oct 2014. I had visa also till 2014 but it is expired now & I never went to US with that VIsa / Petition.

Now that my husband is in USA & we are planning to visit him this year for 1 month, his organization is filing H4 for me for this short visit. Can you please tell me whether for H4 will that older petition (H1B) will be cancelled ? What will happen with H1b Petition.

Thanks
Debashree

[raghvi]

Hi All,

Need urgent information. My current employer filed H1b in 2012 & I got a petition in Feb 2012 with validity till Oct 2014. I had visa also till 2014 but it is expired now & I never went to US with that VIsa / Petition.

Now that my husband is in USA & we are planning to visit him this year for 1 month, his organization is filing H4 for me for this short visit. Can you please tell me whether for H4 will that older petition (H1B) will be cancelled ? What will happen with H1b Petition.

Thanks
Debashree

You would be considered cap exempt for 6 Years from initial filing year, that is till 2018. So till then if you find another employer, they can file their own i129 (it need not go through fresh H1 quota), if I129 is approved, you would get a new I797 using which you can move to H1.

This is my opinion not legal advice.

[debashree13]

You would be considered cap exempt for 6 Years from initial filing year, that is till 2018. So till then if you find another employer, they can file their own i129 (it need not go through fresh H1 quota), if I129 is approved, you would get a new I797 using which you can move to H1.

This is my opinion not legal advice.

Thanks Raghvi but do you know if I process my H4 now, it will cancel this petition ?

Thanks
Debashree

[raghvi]

Thanks Raghvi but do you know if I process my H4 now, it will cancel this petition ?

Thanks
Debashree

No it would not, but as it is whenever you plan to move back to H1 the employer would anyhow need to file a new I129, advantage being you would be cap exempt.

This is my opinion not legal advice.