H-1 to H-4 to H-1

[ramanuj]

I came to US in May 2009 on an H-4 visa. Company A filed for my H-1B visa which was approved and got effective Oct 1st 2009 which was also my joining date in company A.

I received a letter delaying my joining date to Mid- November and recently received a termination letter. I have never worked for this company and thus have no pay stubs.

Q1) Will I have any issues in Change of status from H-1B to H-4 as of today ?
Q2) Assuming if the H-1 to H-4 COS goes through, in the future if another company B recruits me, will they be able to file for a COS from H-4 to H-1B without being subject to a cap? And based on my history will they be able to do it successfully ?
Q3) How long does a COS take usually ( for both H-1B-->H-4 and H-4-->H-1B)?

Thanks. Appreciate your help

[sk4ih]

1) Maybe.
2) No issues.
3) 2-3 months. Premium processing - 15 days, for $1000 extra.

[shervin143]

You should complain to DOL and make them pay from Oct 1st till the date of the termination. Irrespective of whether you are in a project or not, they have to pay you when you are in H1B and when you are available to work for them. Apply for the H1B to H4 COS with the copy of the complain to DOL and that should help your COS.