H1 Concern after COS

[ankita2101]

Hi,

I came here on H1 in Jan this year and have project till April this year. Due to slow economy I am planning to go to India and come back on H4 visa and in futre if I get a project or another job then I will apply for COS. However, my employer is saying once I come back he will cancel my H1 visa as he can't afford to take risk by keeping my H1 alive for more than 90 days.

Is this true that even after coming back on H4 my H1 status will be alive? I am surprised to hear this from him.

Please let me know what are the options I have.

Thanks.

[Subramanya]

I came here on H1 in Jan this year and have project till April this year. Due to slow economy I am planning to go to India and come back on H4 visa and in futre if I get a project or another job then I will apply for COS. However, my employer is saying once I come back he will cancel my H1 visa as he can't afford to take risk by keeping my H1 alive for more than 90 days.

Is this true that even after coming back on H4 my H1 status will be alive? I am surprised to hear this from him.

Please let me know what are the options I have.

---- If this employer is not willing to retain you as an employee, tehn you cn do a H1 transfer. Your H1 petition may be revoked or cancelled by this employer, but by doing a transfer, you can join another employer. Your H1 with USCIS will not be terminated

Subramanya

[ankita2101]

Thanks for the reply.

1. What happens to visa if I apply for H1 transfer and my current employer revokes it?

1. If I go for H1 transfer now then can I travel outside US and come back just with receipt number of application and without new H1 petition as H1 transfer process takes time.

[Subramanya]

1. What happens to visa if I apply for H1 transfer and my current employer revokes it?

---- If your visa is valid nothing will happen to it and no one change it or do anything with it

1. If I go for H1 transfer now then can I travel outside US and come back just with receipt number of application and without new H1 petition as H1 transfer process takes time.

---- If you apply for a H1 transfer while in the US, you would be wise to stay in the US till the transfer is complete and you get the approval notice in your hands

---- If you leave the US after applying for a transfer (due to any emergency) then your application is normally considered to have been abandoned and most probably you will not be having a I-94 associated with it. In this case you have to go out of the country adn come back with a fresh I-94 issued at the POE based on the new I-797, since you have a valid visa stamped on your Passport

Subramanya