H1B- H4 conversion - URGENT PLEASE reply


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I recently lost my job and my official last date is 21 Feb 2014. My current I94 is valid till September 30 2014, the same day on which my first 3 years of H1B will expire.


I am planning to change to H4 and have a few questions


1) If I  reapply for H1B later after being in H4 for some time, will my current H1B petition still hold or will I have to go through H1B Cap. 


2) When I reapply for H1B will I get it for 3 years or only 7 months (Feb- September) and file for an extension in those 7 months?


3) How long can I be in status and look for another job on my current H1B?


4) My husband will be applying for H1B extension. What documents will I need to apply for H4 through this.


5) When should I apply for H4, given my current situation.


Please help me by providing answers to these questions at your earliest.





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1. Neither. Your current petition will not hold and you will not be subject to the cap. A future H1 sponsor can file a COS along with a H1 non cap petition and you can start on approval in future.


2. Potentially 3 years if the situation warrants it like any other H1 petition.

3. No time. Apply for the COS to H4 before being laid off.

4. I-539 USCIS website

5. Tomorrow.

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