H1B Cancellation and COS to H4

[Trearis]

Hello Experts,

I'm currently on a H1-B visa with a US based NASDAQ listed employer. The company is restructuring the product division and has started downsizing. If I'm affected by the downsizing, the company may lay me off and possibly cancel my H1-B. My questions are:

1. If my company cancels my H1-B, what is the time window to transfer my H1-B to a new employer? Should the transfer request reach USCIS before they accept the cancellation request?

2. If I don't find a new employer in 30 days, can I transfer to a H4 status based on my wife's H1-B visa. If yes, what is the procedure and time window?

3. Once I'm on a H4 status, can any employer file for a new H1-B petition based on my earlier H1-B (assuming it is cap counted). If yes, what is a reasonable time window to file this?

Thanks and appreciate the help

Trearis

[wiweq]

1. If my company cancels my H1-B, what is the time window to transfer my H1-B to a new employer? Should the transfer request reach USCIS before they accept the cancellation request?

=> At the moment your lose job, you also lose status. No grace period. If you didn't change your status while being on H1b you will accrue OOS days.

2. If I don't find a new employer in 30 days, can I transfer to a H4 status based on my wife's H1-B visa. If yes, what is the procedure and time window?

=> There is nothing like 30 days - 60 days rule. Again, it 0 days grace perion. Trasfer your H1b before lay off, or file COS to H4 while being on H1b.

3. Once I'm on a H4 status, can any employer file for a new H1-B petition based on my earlier H1-B (assuming it is cap counted). If yes, what is a reasonable time window to file this?

=> Yes, if you are on H4, an employer can file your H1b petition. H4 to H1b COS takes 2-3 months. You can't start working before H1b approval.

Best bet: Have ready COS papers with date filed blank. As soon as you hear about your lay off, fill the date field and post it. You should be good.