H4 to H1B

[Simran7]

I have stamped H1B to work for Company X for 3 years (Dec 2011 - Dec 2014). I worked for Company X for 1st year on H1B. After that, due to family reasons (as my husband was in another location), I've had to take a LWP (Leaves without work) from Work for 1 year. During that time, I changed my status to H4.

As of today, I have another 1 year left on my H1B to work but due to distance issue I cannot join Company X back. In case, I search for another job nearby, would there be any issue in my H1B transfer as I do not have paystubs from company X since last 1 year.

Do my new employer need to file H1B transfer and COS (H4 to H1B); or, is there any other proceeding required in my case.

[pontevecchio]

If you have worked in H1 status for one year you have a total of 5 more years available with no period more than 3 years. Any interested company can file a H1 petition and get a possible three years in the first instance.

[jairichi]

I have stamped H1B to work for Company X for 3 years (Dec 2011 - Dec 2014). I worked for Company X for 1st year on H1B. After that, due to family reasons (as my husband was in another location), I've had to take a LWP (Leaves without work) from Work for 1 year. During that time, I changed my status to H4.

As of today, I have another 1 year left on my H1B to work but due to distance issue I cannot join Company X back. In case, I search for another job nearby, would there be any issue in my H1B transfer as I do not have paystubs from company X since last 1 year.

Do my new employer need to file H1B transfer and COS (H4 to H1B); or, is there any other proceeding required in my case.

Since you are currently on H4 a new employer can file a cap exempt H1B visa along with COS from H4 to H1B and on approval you can work. You still have 5 years of your unused H1B.