British Expatriate Network

Hello -
I have heard two radically different opinions on the subject. This is urgent and I will appreciate a well informed response. Thank you!!!

I was in the US on the H-4 status and got H1-B approval with the start date Oct. 1st.
It is Oct. 5th and I have not started working yet and will not be able to do so (I will have no paystubs etc.)

If I go back to H-4 and will get another job offer, let's say in December and I receive a new H-1B approval, will I be able to start work immediately? Or will I have to wait for April to apply for the visa with a start date Oct. 1 2006?

Meaning in the above situation, am I already excluded from the cap (H-1B approved, but will not work) or if I go back to H4, will I still count against cap?

Additional question how long do I have to go back to H-4 without starting the work?

Thank you so much !!!!!!!!! Megan

If you can no longer work for the company that got you the H1-B then you will need to reapply with the new company and, since the cap this year has been met, it will have to wait until next year.

This is my understand of it. You'd do best to contact an immigration attorney though. Why can't you work for the company that got you the visa? (It must have cost them $$$)