URGENT: H1b to H4 COS or Get stamped in India ?

[digiridoo]

Hi,

My 7th year h1b extension (based on approved I140) expires on Feb 8th and I'm filing for a COS to H4 currently, since I don't have a job anymore right now. 

I intend to start back on a job in a month and hence again file for a H4 to H1 COS at that time (ie. my employer will file).  

 

I'm trying to understand what are the best options for me in order to maintain status and be able to convert back to H1b within a month....

1) Can I again file for an H1b extension (based on approved I140) during the time my H1 to H4 COS is in progress(ie. H4 status not yet approved) ? By this time my H1 would have expired but I can still legally stay in the country because my COS application receipt will be dated before h1b expiry date.

 

I've heard that the processing times for the H1-H4 COS can take several months, which is why I'm concerned I won't be able to get back on h1b quickly. 

 

2) Can I go to India and get an H4 stamping done during the H1 to H4 COS and after my h1b expiry date ? 

 

3) The other option I have is to just fly back to India within the next 2 days (before h1b expiry date) and get a stamping done at the consulate. I'm trying to avoid this if possible but it does seem like the simplest option.

 

Thanks 

 

[pontevecchio]

Your COS to H4 application keeps you legal. Next month have the company file a H1 with PP and on approval leave and come back with the H1 visa.