H4 to H1B approved, COS denied. Am i out of status?


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Hello experts,


Here is my case:


I came to USA in April 2013 on H4 Visa. One employer applied for H1B petition in April 2014 for me along with COS from H4 to H1B. While this process was going on, I had to go to India in June 2014. I came back to USA on H4 Visa in July 2014.


My H1B petition got approved in Sept. 2014 but COS was deinied. I understand I will have to go out of US and come back on H1B stamping to start work.


I have H4 visa valid till Sept 2015 and I-94 valid till Sept 2015.


I had a doubt that with this approval of H1B, have I gone out of status from 1st Oct 2014 or I am on H4 status since I entered on H4 Visa last time which is still valid.


Also, please let me know if I can change my employer who can file H1B transfer with COS since I will not have paystubs.


Thanks in advance.




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