H4 and change of employer

[hamsatriveni]

H4 and change of my husband's employer- urgent

Hi,

I am presently on a H4 visa and am in India with my child ( American born). My visa is valid till april 2007. My husband is now trying for another job and is in the US. Can i return with the present visa, though his H1-B has been cancelled as he has changed employers?

Am I stuck here tilll he gets a new visa?

Please answer urgently... any response will be greatly appreciated.

 

[ginnu]

Hi,

I am presently on a H4 visa and am in India with my child ( American born). My visa is valid till april 2007.
My husband is now trying for another job and is in the US.
Can i return with the present visa, though his H1-B has been cancelled as he has changed employers?
-------------- if he changed employer it means he got his H1 transfred to new company. if he is still on new company H1 status, you can come to US on H4 and your H4 visa stamp has nothing to do with past employer or new employer your H4 is tied to your spouse H1 status. at POE show the valid H4 visa stamp AND your spouse H1 approval notice and you will get I-94 valid till your spopuse H1 approval notice. if you dont show your spouse new H1 approval notice then you will get I-94 till april 2007
Am I stuck here tilll he gets a new visa?
------------------ if he got new H1 transfer approval then you can enter on valid H4 visa. I cant guess what is his situation
Please answer urgently... any response will be greatly appreciated.

----- Need more info on your spouse H1 status.

 

[hamsatriveni]

Thanks. Here are the details.

Thanks so much for the quick reply.

Well, I would like to give you the details . My husband's job at company A has been terminated. He is on the look out for a new job. However his H1B petioned by company A has been stamped and is valid till April 2007. Does termination of his job mean that the INS is informed that the H1B he holds has been cancelled? Does it mean that he is out of status?


What does that leave me with?
Can I join him while he is in the process of looking for a new job?

Please answer urgently

 

[ginnu]

Thanks so much for the quick reply.

Well, I would like to give you the details .
My husband's job at company A has been terminated.
He is on the look out for a new job.
However his H1B petioned by company A has been stamped and is valid till April 2007.
Does termination of his job mean that the INS is informed that the H1B he holds has been cancelled? Does it mean that he is out of status?

-----------------------If the company A by writing to USCIS canceled the H1 petition for your spouse then he is not on H1 status. May be the company A has not written to USCIS. I dont know the facts. He may be out of status if he has not filed H1 transfer through new employer. Your spouse knows more than you about his status. Give him link to this thread and better he should post his correct situation at this time.
What does that leave me with?
Can I join him while he is in the process of looking for a new job?
------------- if he has filed H1 transfer through new employer and working then you can come on H4.
Please answer urgently