H1-B to H4 to H1-b

[mufckrishna]

Hi,

I've two questions. I'm currently in 2nd year of H1-b and I recently lost my job during my company's Layoffs.

1) To convert to H4, should my husband's employer be filing the change of status or should we be doing it?

2) After filing for H4, how soon can I convert back to H1 if I find an employer who is willing to sponsor H1-B Visa? Should I wait for approval of H4 or can I  immediately convert back?

Thanks in Advance

[Zodiac System]

Ans. 1 - I think you will have to file for H4 (either by yourself OR with the help of an attorney).  Your husband's company HR may help too.  Try asking them first.

Ans. 2 - Once you find an employer, he will have to file COS (change of status) and convert you back to H1b with either H4 receipt notice or approval (whatever available at the time).  You can start your work with the new employer only after approval of H1b.  

Good Luck.