H4 to H1

[ramyab]

Hi,
I am currently on h1B visa working for Employer A. My project with Employer is getting over. My husband is also on H1B. If I convert to H4 status after my project with Employer A is over and after few days I find a new project and want to file H1b, will I come under the cap? Will my H1b be cancelled by employer A after I quit them.

Thanks

[raghvi]

Hi,
I am currently on h1B visa working for Employer A. My project with Employer is getting over. My husband is also on H1B. If I convert to H4 status after my project with Employer A is over and after few days I find a new project and want to file H1b, will I come under the cap? Will my H1b be cancelled by employer A after I quit them.

Thanks

You can file I539 to convert from H1 to H4 if your husband has been maintaining valid H1 status. Make sure you file the COS before your last working day.

You wont come under cap if you haven't exhausted the 6 Years of H1. Once you are able to find another employer they can transfer your current H1 by filing I129 and I539 simultaneously.

This is my opinion not legal advice.