H1B - H4 - H1B

[bigb0903]

Hi All,

 

This is urgent!

 

My husband's project ended on 07/26/2013 and his employer is going to have his payroll on till 08/31/2013. After that date his H1B will be revoked.

 

I have following questions:

 

1) What is the latest by which I should file his H4?

2) Should he apply for H4 30-60 days after his H1 is revoked so that if he gets a new job in the mean while it can be considered as a H1 transfer?

 

Thanks in advance!

 

[jairichi]

(1) Normally it takes 2 to 2.5 months from the date in receipt number for COS  to get approved. With a valid I94 and receipt number he can stay in US till a final decision is made.

 

(2) If he applies for COS to H4 after 30 to 60 days from his last day with current employer he will be out of status. He will be out of status from the day after his last day with current employer.

[ge145]

1) What is the latest by which I should file his H4?

Since you know he is going to be terminated soon, the last day of his job. 

2) Should he apply for H4 30-60 days after his H1 is revoked so that if he gets a new job in the mean while it can be considered as a H1 transfer?

You are treading on thin ice for this. Forums is full of example where ppl went out of status and later deal with rfe's which Im sure you are aware are not usually easy to deal with.

[bigb0903]

thanks guys!