H1b - H4 - H1b transfer

[sekhar_b]

Hi,

I was working on a H1b visa till i got laid off 2 weeks back and they said they will be revoking my h1b. So i applied COS to H4 last week with my wife's H1b. So, Here is my question.
1. If i find a job now, can the new company still file a H1b TRANSFER and file a cancellation of my H4 COS ?

2. If yes, how much time do i have before i loose my old H1b (meaning that i can no longer have a H1b TRANSFER and have to apply for new H1b visa)and have to wait till 2015 Oct to start working again??


Please help me out here. I am loosing my sleep.

[raghvi]

Hi,

I was working on a H1b visa till i got laid off 2 weeks back and they said they will be revoking my h1b. So i applied COS to H4 last week with my wife's H1b. So, Here is my question.
1. If i find a job now, can the new company still file a H1b TRANSFER and file a cancellation of my H4 COS ?

2. If yes, how much time do i have before i loose my old H1b (meaning that i can no longer have a H1b TRANSFER and have to apply for new H1b visa)and have to wait till 2015 Oct to start working again??


Please help me out here. I am loosing my sleep.

1. No. Thats not how it works. You are currently not in a valid status. In order to first get to a valid status, you need to have H4 approved. Only then the next employer should file a H4 to H1 COS. OR you can leave US and return on new employer's H1 petition.


This is my opinion not legal advice.

[sekhar_b]

1. No. Thats not how it works. You are currently not in a valid status. In order to first get to a valid status, you need to have H4 approved. Only then the next employer should file a H4 to H1 COS. OR you can leave US and return on new employer's H1 petition.


This is my opinion not legal advice.

Thanks a lot raghvi. Looks like its partly true what you said. my new employer can file a new H1b and cancel the not yet approved h4 COS (by just getting my visa stamped)and H4 is already approved, i will have to step out of US, get stamped, comeback n then apply change from H4-H1b

[raghvi]

Thanks a lot raghvi. Looks like its partly true what you said. my new employer can file a new H1b and cancel the not yet approved h4 COS (by just getting my visa stamped)and H4 is already approved, i will have to step out of US, get stamped, comeback n then apply change from H4-H1b

Thats what I mentioned as the OR option earlier. OR you can leave US and return on new employer's H1 petition.

This is my opinion not legal advice.