Urgent help- H1B to H4 (COS)

[NSi]

Hi,

I am looking for some urgent advice and would really appreciate if anyone can provide guidance. I entered US on H4 visa in 2014. An employer applied H1B visa for me in Apr 2015 which finally got approved in Apr 2016 after 2 RFEs. I was initially on unpaid leave and have been working for last 2 months but due to some reason my employer is closing the company and my last day will be Oct 15, 2016. I have following questions:

1) If I apply for COS now from H4 to H1, how much time would it take (seems it can run into 7-8 months)? Can I travel outside US while my COS is pending? Would travelling make my COS void?

2) I might have to travel to India with next couple of weeks due to some family situation, should I leave immediately without applying COS and file a new application for H4 and try to get H4 approved and stamped at US consulate in India? I moved from H4 to H1 in between, can it be an issue during visa interview/approval and might lead to H4 rejection?

I am really confused and would really appreciate if anyone can share their views or share experience if someone faced similar situation?

Thanks,

NC

[raghvi]

Hi,

I am looking for some urgent advice and would really appreciate if anyone can provide guidance. I entered US on H4 visa in 2014. An employer applied H1B visa for me in Apr 2015 which finally got approved in Apr 2016 after 2 RFEs. I was initially on unpaid leave and have been working for last 2 months but due to some reason my employer is closing the company and my last day will be Oct 15, 2016. I have following questions:

1) If I apply for COS now from H4 to H1, how much time would it take (seems it can run into 7-8 months)? Can I travel outside US while my COS is pending? Would travelling make my COS void?

2) I might have to travel to India with next couple of weeks due to some family situation, should I leave immediately without applying COS and file a new application for H4 and try to get H4 approved and stamped at US consulate in India? I moved from H4 to H1 in between, can it be an issue during visa interview/approval and might lead to H4 rejection?

I am really confused and would really appreciate if anyone can share their views or share experience if someone faced similar situation?

Thanks,

NC

1. It takes 3-6 Months. Yes COS would eb voided if you travel outside US. But apparently not getting paid already makes you out of status.
2. Leave immediately and come back on fresh H4 stamped.Trying to move to H1 is in itself not a reason for denial.

This is my opinion not legal advice.