H1b to H4

[swapna2013]

I have been employed with a Company since October 2011. I am getting laid off now. I have valid H1B stamped till October 2015.

My questions are:

1. Can I go on a leave of absence till I find a new employer? If yes, how long can I be on Leave of absence. What supporting documentation would I need to support my leave of absence?

2. If I cannot go on leave of absence and am forced to go on H4, will I have to wait till October'2013(also will i fall in the cap count..??) to start working if I find a new employer earlier who can sponsor H1

3. Once I go to my h4, is there any specific time frame before which I should get back to a new H1 employer?My H1B started in October 2012 and is stamped till October 2015.

[pontevecchio]

1. BEFORE you are laid off file a COS to H4 assuming your spouse is in valid H1 status. How can you be on leave from a company you are not working for?

2. Up to a total of 6 years you are entitled to be in H1 status and periods in H4 status are not counted. Hence any employer in future can file a H1 petition for you subject to the total of 6 years.

3. No. You can stay in H4 status as long as you are entitled to based on his H1 status. I do hope your spouse is in valid H1 status.