H1B to H4 - Moving back to H1B

[skrish10]

Dear Forum Members,

I am currently in an H1B visa valid till 12-06-2021 (not stamped in passport yet) with an employer A. On passport my visa stamping is with my previous employer B with date 12-Mar-2020. I also have a valid I140.  I would like to quit the job immediately. Now in order for me to quit and still be in a safer visa situation, I would like to file for COS to H4 on my spouse. 

i) If I quit today, will I have some grace period in my current visa? If yes how many days? 

ii) Can I quit immediately and use the grace period to look for other jobs. if I find a new employer say in 2 months - will it be a transfer or a new H1B filing? 

iii) If I go to my home country and get the visa stamped, will it add any advantage to my situation with grace period? 

iv) Can I file for COS to H4 during my grace period ?

Thanks

[JoeF]

You have a 60 day grace period if you quit (or until the I-94 expiration date, whichever is shorter.)

Transfers or changing to H4'are no problem during that time. A transfer always is just a new, cap-exempt H1 petition.

Stamping is only possible if you have an approved, valid H1 petition.

 

[User099]

If you quit, you will get 60 days or I94 expiration date which ever is shorter. If you can't find a job in 60 days, you can apply for COS when you are getting to the end of 60 days. But I feel it will be better to go for H4 stamping and come back. Later if you find a job they can file for a new H1 and when its approved you can continue working.

But if you file for COS to H4 and you want to switch to H1 while its pending, it will create unnecessary confusion and issues if H4 gets approved after H1. At that point you will have to go for H1 stamping. H4 stamping is relatively easy then H1 stamping. Again this is just my personal opinion.

[gopalakrishnach]

I agree with what users said before

i) If I quit today, will I have some grace period in my current visa? If yes how many days?  -- 60 days or I94 end date which comes first

ii) Can I quit immediately and use the grace period to look for other jobs. if I find a new employer say in 2 months - will it be a transfer or a new H1B filing?  -- yes if you find new H1B sponsored job in 2 months the employer will file for transfer H1B which is nothing but a new application outside of the cap.

iv) Can I file for COS to H4 during my grace period ? -- yes....infact this is best option...