What should I do?

[englishtutorjul]

I got my H1B last year, and started working since Oct'12. Worked as a consultant for a month, after that moved on to a full time position, in a different company. The company is a long commute from my home, and since I just could not take the stress anymore, I resigned from the company last week. When I resigned, the plan was to find another job close to my home. But now, I feel, since I already quit, I would rather spend about 2-3 weeks at home, before looking for my next job.

Now I am unable to decide, whether to apply for a COS to H4, and then apply for another COS to H1, when I get my next job. Or to, find a job within the grace period USCIS allows, after an H1B employee has quit his work, to find the next job.

My concern about option 1 is, that I am not sure, how easy it is for employers to sponsor Visas, when there is an H4-->H1 conversion involved. (I am aware that, I will not be subject to quota, as I would have already held an H1B in the past.). To an employer, is it the same as H1 --> H1 transfer, or is it complicated?

My concern about option 2 is that, if I end up not getting a job, within the grace time, which I think is somewhere between 2 weeks, per the new rules, will a COS petition for H1-H4 conversion, be still as smooth, considering I may have to reapply for H1B at some point of time in future. Will I be considered out of status from the time I resigned till the day I actually apply for a COS to H4?

The last option I have is to hook up with my consultant company, since I believe they still hold my H1B, or hook up with another consultant firm, but that will mean that I pay H1B sponsorship fee for the transfer. The only good thing I see in the above option, is that, it will buy me time. But it will also mean, that I will be back to being a contractor, something I tried to come out of, in the past.

All the above has left me confused, and I am just not able to make up my mind, about what to do next. Would really appreciate, if you could please help me with inputs, on what you think is a good option. Thank you very much!

PS : Waiting to resign after finding a job, was not an option, since with the kinda hours at my workplace, taking off for face to face interviews would simply not have been possible.

[JoeF]

There is NO grace period for somebody on H1.

You are out of status NOW!

You should file a COS to H4 IMMEDIATELY!

[omshiv]

Also..paying for your H1B transfer is illegal..you are out of ideas of all sorts..also you dont "hook up" with a consulting company.

[wiweq]

First, fix your facts: There is no grace period after H1b job loss. That means, you are out of status just after the termination of employee-employer relationship.

Now you are out of status and no longer eligible for COS to H4 or H1b transfer.

[jairichi]

The day you resign from your current job you are out of status. There is no grace period involved with H1B.

There is nothing called H1B transfer. A new employer has to go through the actual process of applying for a new H1B application except for the fact that you are no more subject to cap.

You paying for a H1B sponsorship is illegal. Do not do it.

[Attorney_10]

There is no "grace period" to find a new job on H1B status. Once an H1B beneficiary stops working, s/he is no longer maintaining lawful status. The individual will be required to depart the U.S. and apply for a new visa and/or H1B petition from abroad. S/he will not be eligible to file a change of status application or H1B change of employer petition from within the U.S. Also, it is illegal for an H1B employer to make the H1B employee pay the legal and government filing fees for the H1B petition. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case.

[englishtutorjul]

Thank you for the reply. But I am kinda confused. Are you saying, I cannot apply for COS from H1 to H4, from within the country? Why is that? I thought once the H1B is issued, changing of statuses from H1 to any other visa type, and viceversa can be done , from within the country, as many times as needed, as long as the Visa has not expired. Surely I am missing something....

[t75]

You could have if you were still working and in status. However, you quit your job before filing and have lost that opportunity. Leave the US and reenter on H4

[JoeF]

Thank you for the reply. But I am kinda confused. Are you saying, I cannot apply for COS from H1 to H4, from within the country? Why is that? I thought once the H1B is issued, changing of statuses from H1 to any other visa type, and viceversa can be done , from within the country, as many times as needed, as long as the Visa has not expired. Surely I am missing something....

You are missing that for a COS, you have to be in a valid status, which you are NOT at this point.

[JoeF]

Thank you for the reply. But I am kinda confused. Are you saying, I cannot apply for COS from H1 to H4, from within the country? Why is that? I thought once the H1B is issued, changing of statuses from H1 to any other visa type, and viceversa can be done , from within the country, as many times as needed, as long as the Visa has not expired. Surely I am missing something....

And the visa has no meaning while in the US, anyway. A visa is an entry document.

[cap-gap]

OP: it is surprising to see ur knowledge of the "facts" considerign ur spouse is also in H1 status..or lack of proper judgment to seek the advice pre-resign rathen than post resign..

but I dont think your ship can ship still float..

two options:

1. if u have unexpired H4 stamp in ur passport just cross a nearest border and reenter on H4

2. if u have H1 stamp, apply for H1, u will not get COS, so do the same ...cross border, enter with a new H1 I94

in both cases, u do not need to attend consulate..

ps: good golly, surprised to see so many people so curious to jumping to crush OP..chill out..people make mistakes..

[englishtutorjul]

And you dont unnecessarily make a big deal out of something, when you already understood the context!

also you dont "hook up" with a consulting company.

To the rest of you who posted : Thank you for taking the time to reply. It sure helped. Will talk to an attorney, and see if I can get a COS done to H4. Thanks guys.

[omshiv]

ps: good golly, surprised to see so many people so curious to jumping to crush OP..chill out..people make mistakes..

Leaving a job based on the long commute is just foolish especially in these difficult times and on H1B. I know many people who used to travel daily from PA to NYC or PA to DC or NH to Boston...etc

atleast as you have mentioned OP could have done the homework before leaving the job.

[englishtutorjul]

You MAY be knowing many people who used to put up with the distance, but that could be because they may have been the only breadwinner in the family, and so may not have had a choice.

Leaving a job based on the long commute is just foolish especially in these difficult times and on H1B. I know many people who used to travel daily from PA to NYC or PA to DC or NH to Boston...etc

[cap-gap]

@englishtutor-- as you mentioned, yes it is still possible to get back to your prev employer, if they have not revoked ur H1B..

Leaving a job based on the long commute is just foolish especially in these difficult times and on H1B. I know many people who used to travel daily from PA to NYC or PA to DC or NH to Boston...etc

well, OP was able to move to a FT job with in a month of consulting, so it looks finding a job is not that of an issue and/or not that desperate for a job..

majority of the posts did nothing but just gain some sadistic pleasure by ridiculing OP with out offering any pointers ..

little empathy would've been more appropriate..