Relocation issues with H1B - please guide

[ajaktha]

Any help is greatly appreciated.

I am working on the east coast on H1 (2007 Oct to 2010 Oct). I recently got married and my spouse works on H1 in the west. I have been looking for jobs without much luck (with the hope of transferring H1).
I am ready to be without a job for a few months till I get a new job but obviously cannot do that on H1. Please advise.

I have read various threads on H1-H4-H1, but is my understanding correct?
Now, I am working and in status. So, I would have to leave the job, not stay longer than my paychecks (max 2 weeks of accumulated PTO), travel to India and return on H4. Then look for jobs in the west and when I get one, transfer my H1 (or is it a reapplication using old 797 approval quota?).

Can senior members shed more light on this idea and execution or point me to any specific thread. Please share any other ideas you may have also.

Thanks a lot.

[orion]

You can change your status to H4 without travelling out of US.

[txh1b]

File form I539 to change to H4 before you quit your job, once filed, if your spouse holds valid status, you can quit your H1b (in the hope that the COS to H4) will get approved.

If you find a job in the interim, you have have your new employer file for the H1b that is not subject to cap and begin work only after it gets approved.

[ajaktha]

thanks

thank u orion and txh1b for your wonderful inputs.

[ajaktha]

One more detail

So, when the H1 to H4 COS is pending (I see the processing times are around 3 months on the uscis website) and I get a new job, do I have to wait for H4 approval before I can switch back?

Thanks a lot again

[txh1b]

Depends. Read about bridging on the forum.

[ajaktha]

bridging

Thanks txh1b. So my understanding is as follows:

1. I apply for COS to H4 and then while it is pending, I apply for H1. According to the bridging concept, if I get approval for new H1, I can start working, but will be in a soup if the earlier COS to H4 gets rejected for some reason, as the bridge would be broken.

2. A related question is: If I apply for COS to H4 and there is a need to travel to India before approval, I can go for stamping in India for H4 and that would first cancel my COS and then if I get the stamping, I can return on H4 without problems.Right? (Is this also a kind of Last Action Rule where the stamping supercedes the COS?)

[txh1b]

1. Yes.
2. Yes.

[ajaktha]

Thanks

Great. thanks a bunch.

For the benefit of others, I would like to mention that:
3. I could apply COS through I539 to H4 and
a. leave the job (and H1) immediately after applying
b. or till anytime between applying and getting COS approval.

Yes?

[txh1b]

Yes.