Critical Condition H4- H1 Change Of Status

[SV2017]

Greetings,

I am currently in US on H4 . Last year I filed H1b through one of consultancy and its got picked and got approved for 1 year till Nov 2017. They filed my H1B without change of status. Till time I didn't got any project, so my employer did not applied for  H4 to H1 change of status. 

1)  I want to know that if we unable to find the project then my H1 will go out of status ? 

2) What would be next process to get H1 B active after Nov 2017? 

3) Does it need to get active with same employer now and after Nov 2017?

Kindly respond .

Thanks in advance.

 

[JoeF]

It is likely that you are not considered counted for the quota, because you never started working for the H1 employer.

Also, the employer had to submit a client letter with the petition, showing that there is a project waiting for you. What happened with that project?

A new employer can file an H1 for you in next year's quota.

[SV2017]

Thanks for your response.

Do you mean to say that the existing employer can do the COS (H4-H1) at any point(pre and post validity) by submitting client letter?

And new employer need to file fresh H1-B in next year's quota? Can new employer file COS for existing H1-B?

Thanks in advance

[SV2017]

17 hours ago, SV2017 said:

Thanks for your response.

Do you mean to say that the existing employer can do the COS (H4-H1) at any point(pre and post validity) by submitting client letter?

And new employer need to file fresh H1-B in next year's quota? Can new employer file COS for existing H1-B?

Thanks in advance

 

[Neda]

New employer cannot file COS since you were never on H1. You have two options

1. Current employer filing your COS with a project

2. New employer filing new H1 next year April