H1 and H4 ??

[rachneer]

hi all,

I am currently having an H1 and so does my husband. he would be travelling to US soon. In case i dont get a project in US , i have to go on sabbatical, i would be getting an H4 visa. In that case, would my H1 still be valid ? If it remains valid, then can i go to US on H4 and whenever i get a project, can i join the project on my H1 ? please let me know as we are really in a very confused position

thanks
Rachna

[txh1b]

There are two questions here....
Visa validity on passport - VO may choose to cancel the visa while granting H4 but you can say that you plan on using the H1b later on and they could leave it open. But this does not mean the underlying petition is cancelled. The petition remains valid till its validity date.

Petition - As above, once you are in the US, if a new/old employer has a job for you, they can transfer the H1b over to them and/or apply for a change of status for you and you can begin work once that is approved. If you travel, you will have to get a new H1b stamp on your passport if it was marked cancelled.