H1B revival.

[MechEngg]

Synopsis:

~ Came to US on F1 to do masters (Dec’05)
~ Done with masters course work but not thesis (Dec’07)
~ Started OPT from Jan’08 to Dec’08 ( extended OPT wasn’t yet introduced)
~ Got job, Applied for H1B (March’08)
~ H1B started (Oct’08)
~ Lost job(Nov’08)
~ Transferred H1B (Feb’09)
~ Life went haywire, didn’t get job, the agent was troublesome, till this day I don’t know what EXACTLY he did, also took money from me for processing H1B transfer.
~ Got denial for transfer, filed petition against it, God denial for that as well (March’10)
~ Wanted to go back to India ONLY AFTER finishing thesis (Masters) so stayed back.
~ Slipped into depression, couldn’t finish thesis (not even now), I-94(which came with H1B) was expiring so left country(Sep’11).
~ Have started working here in India (since May’12)


---->Questions:

1. Is there any chance to revive H1B?
2. My Fiancée is there on H1B and we are planning to get married in next few months, can I come on H4 and then if I get a job can go back to H1B?
a) Can I start working immediately when COS from H4 to H1B is in process?
b) If not, what are the options?
3. Can I come on some other type of visa(Please keep in mind all H1B related issues) and line-up some interviews, if I get job can I file for COS to H1B then?
4. Any other option/suggestion/question


Thanks in advance. looking forward to have some discussion.

[shervin143]

1. Is there any chance to revive H1B?
>>> Any U.S employer can file a CAP exempt petition for you using the CAP from your old H1B approval notice. Give the new employer a copy of your old H1B approval notice and they will know how to proceed.

2. My Fiancée is there on H1B and we are planning to get married in next few months, can I come on H4 and then if I get a job can go back to H1B?
>>> Yes. The employer will need to file a COS from H4 to H1B using the CAP from your previous H1B approval notice. You cannot work until the COS gets approved.

a) Can I start working immediately when COS from H4 to H1B is in process?
>>> No. You cannot work in H4 status. COS need to get approved for you to work.

b) If not, what are the options?
>>> No other options. You have to wait for the COS to get approved.

3. Can I come on some other type of visa(Please keep in mind all H1B related issues) and line-up some interviews, if I get job can I file for COS to H1B then?
>>> What other type of visa are you talking about. It is illegal to enter U.S in B1/B2 to search for jobs.

[MechEngg]

Some more Qs

Thanks Shervin143 for your prompt reply.

Given the complexities like...
~ I wasn't working(and don't have pay stubs obviously) on H1B.
~ Not sure about what happened with whole 'H1B transfer' thing.
~ Staying in US even after not having job while holding H1B.

What are my chances of returning to US ? (forget about H1B for a while,I even doubt H4)

Any suggestions?

Thanks again.

[shervin143]

Well, no one can predict that. It depends on the VO who handles your case. while filling DS160, you have to answer "YES" to the question "Have you ever violated your status during your stay in U.S" and you have to give proper reason for violating your status. Any false information in DS160 can lead to a permanant ban if they figure out. With that said, it is totally upto the VO to decide on your case.