H1 to H4 and back to H1 after 6.5 yrs of H1 , have 1-40 approved


green-fort

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Im on H1 B 6.5 yrs completed with i-140 approved with employer A .

I got laid off and have 30 days to move to a new employer .

If i can't find a job by then can i move to h4 and then move back to H1 with Employer A's i-140 .I have the latest h1 b extended till 2017 .

 

Pls suggest ..your suggestions have been very helpful in past .

 

 

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Hi Jairichi thank you very much in patiently replying my query ...

 

Im still not clear if my question is fully answered .

 

My situation is i have used my 6 yrs of H1 B limit and im in my 7th year with Comapny A ,i have H1 B extended (after 6 yrs ) to another 3 yrs till 2017 . I have an appoved i-140 with comapany A .Now im laid off and i still have 30 days to find a new job .

If i can't find a new job within those 30 days ,can i move to H4 and at later point when i find a job ,can i use the same H1 (whcih is valid till 2017) and comapany A's approved i-140  and move to comapny B on H1 (falling under cap exempted )?. 

 

Pls note this is not a new H1 ...

 

Your suggestions and help are much appreciated .

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Hi Jairichi thank you very much in patiently replying my query ...

 

Im still not clear if my question is fully answered .

 

My situation is i have used my 6 yrs of H1 B limit and im in my 7th year with Comapny A ,i have H1 B extended (after 6 yrs ) to another 3 yrs till 2017 . I have an appoved i-140 with comapany A .Now im laid off and i still have 30 days to find a new job .

If i can't find a new job within those 30 days ,can i move to H4 and at later point when i find a job ,can i use the same H1 (whcih is valid till 2017) and comapany A's approved i-140  and move to comapny B on H1 (falling under cap exempted )?. 

 

Pls note this is not a new H1 ...

 

Your suggestions and help are much appreciated .

From the last day of work you are considered out of status if a COS petition is not filed. Where did you get this "30 days to find a job"? If you are not paid those 30 days you are out of status. In case you are not paid and after 30 days you file a COS to H4 then it will be denied.

Since you have an approved I-140 you are cap exempt

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