H1-H4 and back to H1

[dude100]

I lost my job on 3/30. I have an H1 extention until 03/2014 (I have already completed 6 years on H1) and approved I-140 from my last employer.

I have been out of status for more than 2 weeks now. I am looking for a new job.

My wife is on H1.

Is it a good idea to change to H4 and keep looking for a job? and then transfer the H1 visa?

I am assuming H1 visa transfer after H4 will not be a new H1 and exempt from the H1-Cap.

[livliv]

The change of status application needs to be filed before you go out of status. eFiling is the only way to make sure receipt date is immediate. Sometimes USCIS iwll ignore the 2 week period, sometimes they will not. You can consult an experienced attorney.

[wiweq]

As per my experience: I applied for H4 after 1 week of lay off, and my COS was denied because I was considered OOS for those 7 days. Now revoking H1b is electronic and takes just a couple of days to update the system. Earlier it was taking months to revoke the H1b in system.

Once you do COS from H4 to H1b you won’t be counted in cap again. The same happened with me and as per my attorney's suggestion I was able to work at receipt.