QUESTION
Can I resign from my current company and enter USA on H4 Visa?
Asked on Oct 19th, 2013 on Immigration - New Jersey
More details to this question:
I have an approved H1B petition and I am currently in India. I have a stamped H4 Visa on my passport valid until Oct 2014. My intention is to resign from my current company (Bit IT Company) and enter USA on H4. Then look for a job and transfer my H1 and file COS from H4 to H1. Can I resign from my current company and enter USA on H4 Visa? My current company will cancel the H1. Can I still transfer my H1 visa when I enter in USA and also file COS from H4 to H1? Please help me as I am in urgent need.
3 ANSWERS
Yes you can enter on the valid H-4 visa. Once you do and then find a job, you can do a cos to H-1B. It would not be a transfer since transfer status is when you go from one employer in H-1B status to another and you would be doing a change of status, but you would not be subject to the quota.
Answered on Oct 23rd, 2013 at 2:48 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Probably but need more facts.
Answered on Oct 21st, 2013 at 2:11 PM
3 Awards
If the H-4 stamp that you have is valid and you quit your job you can and should be able to enter on the H-4. Of course, this contemplates that you are married to an H-1B visa holder and that your spouse's status is bona fide and valid.
Answered on Oct 21st, 2013 at 2:06 PM