H1 to h4 back to h1

[crazyoutlook21]

Hi,

My wife lost her job last week and now she has started looking for jobs actively as employer will keep h1 only for 1 month. After 1 month they will send termination notice to USCIS. I am on H1b visa thus I will apply for her H4 status.

Can someone please help me with following questions:

1. My wife has finished only 1 yr of her H1b, if she goes to H4 status and finds a new job with new employer, will new employer file new H1b or will request to reinstate same H1b?

2. If new employer decides to file new H1b, is new H1b has to be under quota or it is irrespective of quota?

3. If new employer decided to file new H1b based on receipt number can she start working at new company?

We are really worried and don't know what to do with situation, can someone please help us with situation?

[SameerH1Bworker]

1. My wife has finished only 1 yr of her H1b, if she goes to H4 status and finds a new job with new employer, will new employer file new H1b or will request to reinstate same H1b?

- Its always a new visa but she will not be counted against quota, so, as soon as she finds employer, they can file her H1B.

2. If new employer decides to file new H1b, is new H1b has to be under quota or it is irrespective of quota?

- She will not be counted against H1B quota as she has already been counted once.

3. If new employer decided to file new H1b based on receipt number can she start working at new company?

- NO, She has to wait for H4 to H1B COS approval and then after she can start work. Not based on receipt because H4 is not working visa.

[crazyoutlook21]

Thank you Samir for your reply.

[JoeF]

Hi,

My wife lost her job last week and now she has started looking for jobs actively as employer will keep h1 only for 1 month.

Is the employer paying her during that time?

If not, she is out of status NOW! And she wouldn't be able to do an H1 transfer.