H1B - H4 - H1B

[prs_brs]

Hi,

 

Need some clarifications on the following situation. Appreciate any help.

 

I am on H1 and my project ends as of this Friday. Employer is revoking my H1 some time next week

 

I am currently having 5- 6 interviews lined up but do not have time in hand. 

 

If I apply change of status to H4 and then find a project say some time in first week of February , Can the company who files for my H1 stop my H4 process?

if so can I start working immediately ? (  I assume not since already H4 is initiated)

Or 

 

Should I wait till my H4 gets approved before they apply for my H1?

 

or 

 

should I just leave the country get my H4 stamped and then immediately apply for COS to H1 B (  I understand that I can t  start working until I get my H1B approved ) since this way I will get my visa stamped sooner than waiting to COS?

 

Please throw some insights on my situation.

 

Thanks,

PRS

[JoeF]

Note that you can not interview for projects once you are laid off by your employer.

You can interview for new employment, but not for projects.

To interview for projects, you would have to be on H1, and the employer would have to pay you.

[prs_brs]

Hi JoeF,

 

Thanks a lot for the response.  I tried to mean interiview for new employment. But my question was mainly on to whether it would be wise to leave country and get H4 or apply COS and look for another employment. Also how long I can remain in US after the last day of pay roll has been run.

 

Please help me to understand the situation better.

 

Thanks,

prs

[jairichi]

Hi JoeF,

 

Thanks a lot for the response.  I tried to mean interiview for new employment. But my question was mainly on to whether it would be wise to leave country and get H4 or apply COS and look for another employment. Also how long I can remain in US after the last day of pay roll has been run.

 

Please help me to understand the situation better.

 

Thanks,

prs

If your spouse is on H1B status you could apply for COS to H4 before your last working day with your current employer. If later you find a job and an employer who is willing to file a cap exempt H1B petition for you then after H1B is approved you can exit and enter US with a valid H1B visa and new employer's I797. This would make your COS from H1B to H4 being abandoned. 

 

Also, once you get your receipt notice for COS from H1B to H4 you are not allowed to work with new employer based on H1B petition receipt notice. You would need to wait for petition approval.

 

Disclose the information that you applied for COS from H1B to H4 with your new employer/attorney and share the receipt notice.

[bar15]

My job ends next tuesday (official end date given by my employer) and they said my H1b will be revoked some time next month. DO i have to immediately change my status (to H4) beginning Wednesday or do i have any grace period (like 30 days) to find some other employer?

 

If I change my status to H4, can i immediately file H1b if i find another job without having to wait for this years H1b quota?

[jairichi]

My job ends next tuesday (official end date given by my employer) and they said my H1b will be revoked some time next month. DO i have to immediately change my status (to H4) beginning Wednesday or do i have any grace period (like 30 days) to find some other employer?

 

If I change my status to H4, can i immediately file H1b if i find another job without having to wait for this years H1b quota?

No grace period. You need to apply for COS to H4 before your last day on h1B to be on status in US. If you have not used the max of 6 years allowed on H1B an employer can file a cap exempt H1B petition and you would get the remainder years.

[bar15]

If i have a job before i get my H4 approved, Can i apply for H1 and  start working immediately after i get the receipt notice or do i have to wait until i receive my h1 approval notice.

[jairichi]

If i have a job before i get my H4 approved, Can i apply for H1 and  start working immediately after i get the receipt notice or do i have to wait until i receive my h1 approval notice.

No, you would need to wait for H1B approval. Alternatively, you could exit and enter US with a valid H1B visa and in this way your COS to H4 application would be deemed abandoned.