H1-H4-H1

[workingmom]

Hi,

I am currently on H1, planning to resign with last day as Aug 8th. Husband's company will file for my H4 COS effective Aug 8th. My questions are:

1) Suppose I get a job close to Aug 8th, and new employer will be able to file H1 only after Aug 8th, should I still go ahead with my H4 filing on Aug 8th and then whenever new employer is ready, he will file H1?

2) Should there be some minimum gap between H4 COS status filing and new H1 filing? like can H4 COS be filed on 8th and H1 on 10th??

3) Or If new employer is ready to file for H1 on say 15th, can I simply wait for that without doing H4 COS? Can H1 effective date be specified as Aug 9th? Or if not, will I be out of status from Aug 9th to Aug 15th?

Please advise...thank you!!

[workingmom]

Hi,

 

One more related question:

 

4.) If new company applies for my H1 before my last day at old company, will I be in status till I join the new company?

 

Would appreciate if someone could please answer these questions. Thank you!

[pontevecchio]

You need to stay in status to avoid any trouble. If it means getting a H1 visa to come back in future then so be it.