British Expats - H1 petition in H4 status

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- US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)

- - H1 petition in H4 status (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/h1-petition-h4-status-239441/)

H1 petition in H4 status

I entered US with H4 in May 2001. In Oct 2001, I got an approved H1B
petition but I didn't take the job. In fact, I did nothing with it
and assumed I'm still good on H4. Later, I travelled to Canada and was
able to obtain an H4 visa and reenter US with it. I have a new valid
I-94 card for my H4 now. I have two questions:

1. Is my H4 status completely good? Have I ever been out of status?

2. If I apply for a H1B now, can I take advantage of the previous H1B
approval? There are some CIS notice in the following notice saying
that if one has been approved a H1B petition within the last 6 years,
his new petition is not subject to the H1B cap nuber again.

http://pubweb.fdbl.com/news1.nsf/919...7?OpenDocument

Thanks,
Snow

Re: H1 petition in H4 status

Quote:

Originally posted by Snow
I entered US with H4 in May 2001. In Oct 2001, I got an approved H1B
petition but I didn't take the job. In fact, I did nothing with it
and assumed I'm still good on H4. Later, I travelled to Canada and was
able to obtain an H4 visa and reenter US with it. I have a new valid
I-94 card for my H4 now. I have two questions:

1. Is my H4 status completely good? Have I ever been out of status?

2. If I apply for a H1B now, can I take advantage of the previous H1B
approval? There are some CIS notice in the following notice saying
that if one has been approved a H1B petition within the last 6 years,
his new petition is not subject to the H1B cap nuber again.

http://pubweb.fdbl.com/news1.nsf/919...7?OpenDocument

Thanks,
Snow

I am not completely sure, but from my understanding if you are offered employment by a new employer then you will be subject to the H1B cap. I think only your petition was approved - they did not actually issue you a H1B visa. I think it is the visas that are subject to the cap, not the approvals.

As for the H4 - they issued you an I94 recently when you entered the US? Is the date current? Or are you doing something you shouldn't be doing on the H4 to make you ask if your H4 status is completely good? ;-)

Re: H1 petition in H4 status

cathy22w <member10122@british_expats.com> wrote in message news:<[email protected]>...
    >
    > I think it is the visas that are subject to the cap, not the
    > approvals.

Exactly wrong. There is a cap on the number of petition
approvals. There is no cap on the number of visas issued.