h1to h4 COS with gap

[h1h4newbee]

I Worked for company A till june/2013 and then took FMLA and then personal leaves till 9/9/2013.I had to resign on 9/10 to take care of baby.It was unplanned resignation so I could not file COS before.My questions are

1)What is the grace period of h1 to h4 transfer?I am going out of US (to india) in 1 month.Can I directly go for stamping without COS in this 1 month? please note that I and my husband is talking to his company attorney to file his h1 extension along with my COS to h4 but its going to take atleadt 4-5 days to file it.

2)H1 will be revoked by company A.Can I work on H1 if I find some company to sponsor H1 once I come back in Jan without going to next year H1 cap quota?I still have 3 years remaining in my present H1.

[jairichi]

I Worked for company A till june/2013 and then took FMLA and then personal leaves till 9/9/2013.I had to resign on 9/10 to take care of baby.It was unplanned resignation so I could not file COS before.My questions are

1)What is the grace period of h1 to h4 transfer?I am going out of US (to india) in 1 month.Can I directly go for stamping without COS in this 1 month? please note that I and my husband is talking to his company attorney to file his h1 extension along with my COS to h4 but its going to take atleadt 4-5 days to file it.

2)H1 will be revoked by company A.Can I work on H1 if I find some company to sponsor H1 once I come back in Jan without going to next year H1 cap quota?I still have 3 years remaining in my present H1.

(1) There is no grace period. You are out of status from the last day of your resignation till a COS from H1B to H4 is filed.

(2) Yes, a new employer can file a H1B cap exempt petition and upon approval you can start working immediately.