H1 to H4 to H1 - Cap exempt?

[satyadh]

I am currently working on H1 in CA/Bay area. I am between projects and it looks I might take some time get my next project. So I need to go on loss of pay leave (if my company allows) or leave. So my question 
1. Can I switch to H4 (I can work out timing with my company so that I file H4 COS while my H1 is still active) and switch back to H1 at a later point in time (6 months down the lane), once I find a new job? 
Will I be counted as cap exempt when I file H1 at a later point? My company will revoke my H1 once I leave per their process. 

Thanks for your response

[t75]

You can but cannot begin working until you receive the H1B approval notice for the new job

[rahul412]

Their is no loss of pay leave on H1, you need to get paid every month on H1. That's LAW.

Either get paid or file COS to H4. Next time your H1 will be cap exempt.

[jairichi]

I am currently working on H1 in CA/Bay area. I am between projects and it looks I might take some time get my next project. So I need to go on loss of pay leave (if my company allows) or leave. So my question 

1. Can I switch to H4 (I can work out timing with my company so that I file H4 COS while my H1 is still active) and switch back to H1 at a later point in time (6 months down the lane), once I find a new job? 

Will I be counted as cap exempt when I file H1 at a later point? My company will revoke my H1 once I leave per their process. 

Thanks for your response

Yes, you can move to H4 and later when an employer is offering your a job a cap exempt H1B can be filed provided you have not reached the max of 6 years stay in US on H1B.

[satyadh]

Thanks all. So the fact that my company will revoke H1 is irrelevant??

 

 

http://www.uscis.gov/uscis-tags/unassigned/faq/must-h-1b-alien-be-working-all-times

 

I thought you can always go on LOP :-) I went on extended mat leave, when I wasnt paid (big non-indian IT company). Thanks though will double check in case I need it