H1 H4 Help-Urgent

If you still have the H-4 relationship with your spouse, you should be allowed to travel back to the US under H-4 status despite having an approved H-1B petition. Using your H-1B approved petition once another employer is interested in sponsoring you for a new H-1B is another matter. If attempting to do it in the States, you would have to request the change in status from H-4 to H-1B. The question may come up of whether your present H-1B approval is sufficient for you to escape the need for a H-1B cap number if you will be sponsored by a cap subject organization and are not subjecting yourself to the annual quota restriction of H-1B visas. You may have to defend the bona fides of the H-1B filing  including giving the reason that you did not take up employment with the H-1B petitioner.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.