H1B to H4 to H1B

[cdave3196@gmail.com]

Hi -

Currently, my spouse & I both are on H1B and we both have our I-140 approved. My H1B is valid thru November 2015. For family reasons, I have to quit the job. For this situation, I have following 2 questions:

1. Do I MUST file H4 with my spouse's company? If not, will I be automatically on H4 as soon as I quit the job?

2. If I have to go back to work next year, can I use my existing H1 (which is valid thru Dec 2015) to get a job in the different company? Will this be considered "Transfer" or will I be subjected to quota limitation.

Please advice.

Thank you.

[pontevecchio]

1. You need to file a COS to H4 and on receipt you can stop working. H4 status has NO CONNECTION to the company. It is based on valid H1 status of the spouse with ANY employer. 2. Based on the approved I-140 you can get 3 year H1 extensions with any H1 sponsor.