H1B or H4?

[dsharma]

Hello Everyone,

1) Currenlty I am in India(for last 4 months) and have H1B (worked in USA almost 2 yr).But before I left USA my company layoff my department so am I. But they havent take back my visa from USCIS. I am planning to come back to USA on 1st week of March. Now, my question is, is it safe if I come back on H1B or should I go for H4?
2) If I can come back on H1B and if immigration officer asked me about my leave & company at that time should I lie them or show explain my situation as after leaving job H1 person have 90 days time period to search new job?


Thanks,
Divya

[contact 01]

) Currenlty I am in India(for last 4 months) and have H1B (worked in USA almost 2 yr).But before I left USA my company layoff my department so am I. But they havent take back my visa from USCIS. I am planning to come back to USA on 1st week of March. Now, my question is, is it safe if I come back on H1B or should I go for H4?

You are in India. Moreover you are laid off by the present employer, therefore it is better to switch to H4 visa and come under H4 visa to US. After entering US , search for the job, once you get the job the new employer will immediately file a petition for change of status from H4 to H1 as you have already had H-1B


2) If I can come back on H1B and if immigration officer asked me about my leave & company at that time should I lie them or show explain my situation as after leaving job H1 person have 90 days time period to search new job?

Don't lie. Always tell the truth. It is better to come on H4 visa rather than H-1B visa.


Note: This is not a legal advice, please consult an attorney

[cncd1]

You may not enter the US legally using your H1B visa stamp when you know you no longer have the job for which you are holding the approval notice . Doing so may be considered "misrepresentation" which can get you permanently banned from ever getting a visa to the US.

You may only enter on H4.

[dsharma]

Thanks for the reply!!!

One more question I have, when I go for H4 will they cancel my H1 or not?

[cncd1]

It is at the VO's option but most likely not.

[simran]

Thanks for the reply!!!

One more question I have, when I go for H4 will they cancel my H1 or not?

ur H1 stamp will be voided, not the actual visa, which u can use later to get either H1 stamp or file COS.

[shiru_kk]

Hi,
I was in USA for some time and was working on H1. Now I am back to India.
As i understand from discussion here, If I get H4 stamped, my H1 will be voided but I can do status change later.
The question I have are:
1. Can i do H1 transfer to another employer while in India (I have used this H1 once with my current employer).

[contact 01]

Yes, you can search for new employer who will file a new H-1B petition under non cap case by using your previous H-1b details.

Note: This is not a legal advice, please consult an attorney