came to USA on H4, Terminated immediately after H1B approval

[pradeepks99]

I came to USA on H4, applied for COS H1B. It got approved on Oct 4th and the approval notice reached the employer on 9th Oct. The very same day the employer said they cannot offer me employment and sent me an employment cancellation letter. I did not work with this employer for a single day.

I receive the H1b approval notice along with new I-94 on 12th Oct (from this employer) and same day I filed for I-539 COS to H4 by sending copies of my H1B approval notice and latest I-94.

1) In what status am I in now?

2) Will USCIS question my out of status?

3) Is it ok that I filed for I-539 COS to H4 now (after 2 days after getting letter from employer). Or should I leave USA immediately?

4) After COS to H4, can I change back to H1B when I find a new employer in the future or will I be subjected to cap again?

[JoeF]

You are out of status now. You need to file a COS back to H4 immediately, on form I-539.

[pontevecchio]

Since you acted in a timely fashion there is an extrememly good chance that your COS to H4 will be approved. But you should complain about this employer to the federal DOL as he seems to have not been totally truthful.

[t75]

COS back to H4. You can COS back since you have been counted in the cap and begin work with new approval notice and I-94