H1B to H4 Transfer

[linisha]

Hi,

I travelled to US on an H1B. I had to quit my company for personal reasons, while in States itself (my family is here now). I have been trying for jobs here., though I am open for Conversion of Status to H4 if nothing works.
Please advice me on the following:

1. When latest should I apply for H4 conversion? How long can I wait on my H1B?
2. What would be the procedure for conversion? (or pls point me to a site that would have the details)
3. Would I have to travel to India as one of the procedures for the conversion?


Thanks in Advance.

Regards

[txh1b]

If you quit your job and not working, you are not on H1b but out of status and no status change is possible.

[linisha]

Hi,

Thanks for the reply. Can you please guide me on what should my next step be? How would I know of what my current status would be?

My previous employer and the jobs that I applied for stated that there should be no problem with a H1 transfer if my last pay stub was within 30 days. I am well within that bracket, yet am worried since I don't really know what I should do, and where I should check.

Thanks...

Regards

[txh1b]

There is nothing to check. If you quit your job, you should immediately file for a COS to B2 to buy time or find another employer immediately and file for a H1b transfer within a week of the last paycheck.

Legally, one is out of status the last day of work on a H1b if he/she quits or gets laid off or fired.

[linisha]

What would you suggest would be best on my part to do? Would I still be able to present my case for COS?


Thanks...

Regards

[txh1b]

You could try your luck. It depends on the last paycheck that you have as USCIS goes by the pay check date to determine your status validity.

But as per the law, you are out of status and no other status changes are allowed/permitted as per the books.