Lost job, need advice on H1 to H4 COS

[newmail22]

Hi 

 

Me and my wife were both on H1. Recently my wife lost her job. Her last day is on 25th of october. As per my understanding we have the following options:

1. Find another employer who would sponsor. I feel it is very difficult to find one in such a short time duration. May be some small consulting company might agree to transfer her H1B and find her a project.

Questions:

1.1)Is it safe to go this route? 

1.2)Are there complexities involved in getting visa transferred through this route since she will be working for a client project and not directly for the company sponsoring her visa?

 

2. Get her transferred to H4 and keep looking for a full time position  where the company is ready to sponsor her visa.

Questions:

2.1) I believe in this case when company applied for her H1, she will be cap exempt since she was already counted once within last 6 years. Is this true and Are there any other complexities involved in this route?

2.2) After some research we found that H1 to H4 COS might takes several months. During this time if we find a sponsor will we be able to reapply for H1 or will we have to wait until H1 to H4 COS is approved. is there a way to do premium processing from H1 to H4 cos?

2.3) Suppose it takes 3 months for H1 to H4 change of status and she find a job in 1 months, what are our options? Can we withdraw H1 to H4 cos application and apply for H1 transfer? if not do we need to travel back to India and get her H4 by reapplying and then travel back to US and reapply for H1?

 

Thanks a lot for you time!

[jairichi]

Apply for a COS to H4. When an employer is willing to file a cap exempt H1B petition she can try to withdraw her COS to H4 petition from USCIS after H1B approval or exit and enter US with a valid H1B visa and I797 that leads to abandonment of her COS to H4 petition.