I possess an approved H1B petition which I got in the last year's (2020) lottery and is valid till Sep 2023, but I

Welcome. Thank you for the opportunity to assist you today. My name is*****  and I have been practicing law for more than 15 years. I’m sorry to hear that you are having personal and legal issues. I know that legal issues can be can be quite frustrating.

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Response:
I’m sorry to hear that you are having these personal and  legal issues. I know that can be frustrating.

1) If they revoke, you cannot do the Change of Status.

2) Yes you do.

The easier  and better option is for you  to schedule an appointment with a nearby US Consulate in Mexico and get your visa stamping now if you can.

In case no one is telling you this: it is very hard to find new H1b job even with the help of a consultancy firm as the market is flooded with available H1B job applicants who are probably more qualified and more eager to accept a lower salary than you are willing to do so.

Hence, my recommendation is you need to keep your H1b job and then find another better H1b job.

With a valid H1b visa, you can do the H1B transfer to another US employer with ease.

What else may I answer for you ?

You are quite welcome.

1. Yes you may do so using your H4 visa.

2. Yes they are open for you as long as you have scheduled an appointment with them in advance.

They do not accept walk in and will turn you away and ask you to make a scheduled appointment in advance.

1. Yes that is correct, you will need the visa stamping to activate your H1b.

2. If you have a valid and active H1b visa, your new employer will just file for H1b transfer and there is no need to file for change of status.

3. You will need to have the visa stamping to activate your H1b. without it, you cannot do the transfer

In order to help you out and give you the chance to speak to other Experts...I will opt out.

Another Expert will jump in and offer their own take on this.

Good luck and take care!

Unfortunately, because you did not request me by name like I asked you to, Kevin responded (not that he respects when a customer requests someone anyway). Go ahead and ask for your refund. If you want help from me, next time specifically request me by name and if someone else responds, then say that you want me, specifically. The website prefers a quick answer to the customer over anything else.

As a courtesy, I will respond, but please no follow-up questions. Why? Because this question was already completed by Kevin and he was compensated for it. I will not be compensated for it. If you need more help, please post a new session and write FOR GUILLERMO so I may be compensated for my response. Thank you for your understanding.

1) If you have never worked on H-1B status before, meaning that you went through the lottery this year, you cannot transfer a status that you never activated before. So you will have to go to work for the H-1B Petitioner on or after October 1, 2021 and then after that you may transfer. If you did previously activate your H-1B status, then it will go by the last action rule. If your H-1B COS is approved after your H-4 extension, you would be in H-1B. If your extension of H-4 if approved after your H-1B COS, then you would be in H-4. Also, you do not need to do an H-4 extension only because your spouse is changing employers. So as long as you still have time on your I-94 in H-4, you don't need to extend.

2) Yes. See what I said about the last action rule above.

3) Yes, as long as you activated your H-1B before. Again, see my explanation in #1.

Remember, please, no follow-up questions as I am not being compensated in this thread. If you need more help, please post a new session and write FOR GUILLERMO. Thank you.