H4 to H1B to H4 transfer URGENT

[emp@dayton]

I am on H4 which is valid till April 2014 and filed H1B through employer A, got approved with COS(i797) effective from nov 2013.

I applied SSN and started working from Dec 2013 Now my employer is shutting down his office suddenly by jan 31 2014.

now
1. Is my status legal in US, if my employer shut downs his office.

2. Now i got a new employer , Can I apply H1B transfer with new employer since my current employer will shutdown his office in a week.

3. New Employer will start my H1B transfer process from JAN 27 2014. Will I be legal if this is filed before Jan 31 2014?

4. Since my current employer don't know about my transfer, they are suggesting me to go out of country , come with H4 visa and can search new job because i do still have valid H1B visa. Is this true? If i come on H4 to US, how can i have my H1B valid without employer.

Please provide your suggestions/thoughts

[raghvi]

I am on H4 which is valid till April 2014 and filed H1B through employer A, got approved with COS(i797) effective from nov 2013.

I applied SSN and started working from Dec 2013 Now my employer is shutting down his office suddenly by jan 31 2014.

now
1. Is my status legal in US, if my employer shut downs his office.

2. Now i got a new employer , Can I apply H1B transfer with new employer since my current employer will shutdown his office in a week.

3. New Employer will start my H1B transfer process from JAN 27 2014. Will I be legal if this is filed before Jan 31 2014?

4. Since my current employer don't know about my transfer, they are suggesting me to go out of country , come with H4 visa and can search new job because i do still have valid H1B visa. Is this true? If i come on H4 to US, how can i have my H1B valid without employer.

Please provide your suggestions/thoughts

1. You may be legal but out of status.
2. Yes.
3. Yes.
4. You dont need to leave US, you can apply a H1 to H4 Change of Status from within US. Once you get another employer you can file a H4 to H1 Change of Status again.

This is my opinion not legal advice.