rookpartner
New Member
I possess an H1 which was approved on Oct 1, 2008. However I have not used it for a single day as I went out of USA on May 1, 2008 for an international project with the same company (was working on OPT from my F-1 before leaving the states). Do not have pay stubs from my US company as they are paying my from the company abroad where I am working currently. It is a genuine transfer and well-documented. My company in US has me on leave of absence while I am abroad. Never been out of status while in the US. (FYI - The company is a reputed, well-known large firm - more than 150k employees in 120+ countries, not a shady consulting firm)
My spouse has found a new job in USA starting May 15 with a non-profit. Her H1 visa has been applied for under premium category but do not know yet if it is approved. She is currently with me here and not in the US. Since I need to move back with her (and to a different state), I plan on quitting my job with the US company and getting a H-4 visa.
My questions relate to this:
1) What is my status. Is my H-1B valid? Or am I out of status since I have never worked on my H-1B in the US yet. (As originally planned, I would enter in Aug 2009 and resume work with the same company on my H-1B, so I guess it must be valid)
2) Her non-profit is suggesting me to fill form I-539 for COS. Since I never worked on my H-1B in the US even for a single day, is it okay if I do this?
3) Or should I wait for her to receive her I-797A and then directly apply to consulate for H-4 visa.
4) If both are allowed in my case, what are the pros and cons of option 1 and option 2. Which one should I go for?
5) What is the processing time for H1B - H4 COS if it is filed today?
Awaiting your responses. Your help is very appreciated. Thanks!
My spouse has found a new job in USA starting May 15 with a non-profit. Her H1 visa has been applied for under premium category but do not know yet if it is approved. She is currently with me here and not in the US. Since I need to move back with her (and to a different state), I plan on quitting my job with the US company and getting a H-4 visa.
My questions relate to this:
1) What is my status. Is my H-1B valid? Or am I out of status since I have never worked on my H-1B in the US yet. (As originally planned, I would enter in Aug 2009 and resume work with the same company on my H-1B, so I guess it must be valid)
2) Her non-profit is suggesting me to fill form I-539 for COS. Since I never worked on my H-1B in the US even for a single day, is it okay if I do this?
3) Or should I wait for her to receive her I-797A and then directly apply to consulate for H-4 visa.
4) If both are allowed in my case, what are the pros and cons of option 1 and option 2. Which one should I go for?
5) What is the processing time for H1B - H4 COS if it is filed today?
Awaiting your responses. Your help is very appreciated. Thanks!
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