H1 to H4 transfer potential complications

[redyy]

Hi,
my H1 to H4 CoS is in process and received my receipt. I have given notice to my current employer and would be released soon.

My question is:
1. what if my CoS is rejected, can i go back to H1B and start working? If yes, then will I be considered out of status because I stopped working after receipt of my H4 CoS or will i be considered as in status on H4 on pending decision.
2. Considering the answer to first is yes, how much time would i have to get back to job and start on H1 since the day of receipt of rejection letter.

Thanks,
Raj

[shervin143]

1. what if my CoS is rejected, can i go back to H1B and start working? If yes, then will I be considered out of status because I stopped working after receipt of my H4 CoS or will i be considered as in status on H4 on pending decision.
>>> If the H4 gets denied, then you will go out of status on H1B. The employer cannot take you back and start processing your pay slips again after a gap of 2-3 months as it will complicate things. The best option will be for you to leave the country and return back in H4 visa (if you want to be a dependent) or return back in valid H1B visa/petition (if you want to work for the H1B sponsor and if the same job still exist).

2. Considering the answer to first is yes, how much time would i have to get back to job and start on H1 since the day of receipt of rejection letter.
>>> Read the above answer.