H1B Petition approved but still on H4 in USA and wanna change my employer Please help...

[mohiti]

Hi,
Although I have my H1B petition approved in 2008 still I came to USA on H4 in Nov 2008 with my husband.
My employer could not find a job till date. Now I am getting the opportunity to work in my husband's company so my question is that company have to file a fresh H1B or they can just transfer the current H1B petition.
Then do I have to go back to India to get the H1B stamping as right now I am on H4 Status.

Please reply thanks in advance...

 

[ginnu]

Hi,
Although I have my H1B petition approved in 2008 still I came to USA on H4 in Nov 2008 with my husband.

--------------------- if you came to US with H4 visa and your I-94 is based on H4 status then you are on H4 status and H4 cant work.
My employer could not find a job till date. Now I am getting the opportunity to work in my husband's company so my question is that company have to file a fresh H1B or they can just transfer the current H1B petition.
-----------------Fresh H1 and inform the lawyer that H1 for you was approved in the past and give him Copy of H1 approval notice.
Then do I have to go back to India to get the H1B stamping as right now I am on H4 Status.
--------------Yes if filed Fresh H1 you need to go out After H1 gets approved and get H1 visa stamp and enter on H1 status.
Please reply thanks in advance...

If file H4 to H1 Change of status and USCIS approve H1 and you get H1 based I-94 attached with H1 approval notice then you can start working and no need to go out for Visa stamping. FYI at this time USCIS ask lot of documents and send RFE for more documents.
** Fresh H1 will be better option so that if H1 gets rejected you can still stay on H4