H1B while H4 COS in process


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Generally, once an H1B beneficiary stops working for the sponsoring employer s/he is no longer maintaining valid H1B status and thus is not eligible to change employers or change status within the U.S. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the best strategy for getting back into valid H1B status.

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Thank you Attorney_10. I was working on OPT and resigned since I had a baby before the OPT expired. I never worked on H-1B and I applied for a COS to H4 before the 1st of October. Is it still not legal to apply for an H-1B (cap exempt since I have an approval from previous employer) with a new employer within the US?

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