H1b amendment denied....h1 to h4 COS


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Need urgent help...

My h1b amendment with my present client got denied. According to the denial letter I still have my h1b, only amendment is denied. Now currently I am not working. I have plans to visit India in a month so don't want to look for new clients rite now. My plan is to get back to US on H4 and after coming back my employer will refile my case with a new client.

There are two options with me now..

1. Apply for H1 to H4 COS now, and my employer will immediately stop my payroll.

2. No h1 to h4 COS...but my employer is ready to run my payroll till April 20 ( I am traveling to India on April 20). So while leaving US I will tear my current H1 i-94 (i.e surrender my h1) and enter back US on May 20 with H4. I have got h4 stamped in my passport till 30th of July 2015.

I don't want to go for 1st option because I may get a RFE asking for the delay in applying COS and don't want to get into any denial or any other trouble which will make situation more complex.

So I want to head with 2nd option of surrendering H1 at port of departure and enter back US with my H4. So with this, will I maintain a clean status in USA..?

My employer will run my payroll only till April 20, so between April 20 and May 20 when I am in India my employer is not running my payroll. So is it fine or should he run my payroll until May 20 till I get back on H4..?

Please help...

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Thank you for a quick reply. So with the second option will I maintain a clean status in US..?

Will the second option create any problem for my green card in future..? Because I am not working and still my employer(consultancy) is running my payroll...

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