H1B - H4 - H1B (Approved I140) questions

[skquestions]

Hi,

 

My Green Card application is in process with my I-140 approved. The 6 yrs period of my H1B had expired in Nov'12 but, since my 140 was approved, I received a 3 yr extension which has been approved and valid till Nov'15. 

 

There has been a resource action at my company recently that affected my job, so I am looking to switch status to H4 (my spouse has H1B status) till I find a new job at which point I'd like to switch back to H1. My current employer has confirmed that my I140 will not be revoked till I request them to do so. My questions are:

 

1. What are the repercussions if I move to a H4? Will I lose the I140 or will it be revoked due to the change in status?
    
2. Once transfer back to H1B from H4, will I still be able to get 3-yr extensions citing the approved I140?
    
3. Would my new H1B application need to come under the cap? If NO can I start working anytime after I receive approval or would the start date need to be Oct 1st?

Thanks!

[pontevecchio]

1. No repercussions.

 

2. Yes

 

3. No. Start after approval.