H4/revoked H1???

pttest

New Member
I have got my H1b approval for starting my work on 1st Oct 2009. And my employer is unable to find a project for me. In order to save my automatic transfer to H1b, my employer has notified deactivation of my h1b to USCIS.

I contacted my employer to know more about the activation/deactivation of my H1b and my employer said that can stop my automatic visa status change on 1st Oct by informing USCIS not to change my visa status automatically to H1b on 1st Oct. This would mean :

1. I will continue to be on my current visa status (H4) on October 1st.

2. Also, by informing this to USCIS. I can take my own time to find a project and as soon as I find a project my employer will inform USCIS to activate my H1b and my visa status will be changed to H1b and I can start my work.

3. Do I have to go out of US before 1st Oct and come back only after October 1st so that I avoid my automatic visa transfer to H1b? Also, Do I need to deposit my I-94 for H4 and H1 both when I go out of US?

4. Is change of status different from filing a new H1b.

5. After deactivation of my h1b visa, Can I work only with my current employer after 1st Oct as he can only get my visa reactivated? Or can I get it activated by a different employer who can also file for my visa transferred to him? Will I need salary stubs for transfer in this case (after 1st Oct)?

6. Is there a max time limit of time till when I can keep my H1b deactivated?

7. Can I get my visa transferred to a small Non IT (Information Technology) company for working on their small IT based project where my IT skills may little mismatch? Or can I work with only IT and consulting companies?

8. Do I need salary slips for H1b visa transfer before 1st October?

I just wanted to know if this is possible...

Can my employer inform USCIS "to stop my automatic visa status change" (from H4 to H1B visa) on 1st Oct? And later when I find a project, he can inform USCIS again to activate my H1b visa?

Appreciate any help.
 
Can my employer inform USCIS "to stop my automatic visa status change" (from H4 to H1B visa) on 1st Oct?
--------------------Employer Can request to revoke if H1 petition is approved by writing to USCIS. if employer has filed H4 to H1 COS and H1 is approved then he can revoke the H1. if H1 is not approved employer can Withdraw the H1 petition by writing to USCIS.

And later when I find a project, he can inform USCIS again to activate my H1b visa?
---------------------NO, He should file n H1 petition again. USCIS does not work according to your employer suggessions of Activation/Deactivation.Appreciate any help.

you have many questions it will be better for you to contact a good lawyer and get legal advice.
 
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