H1 to H4 challenge

[Nish77]

Dear Admin/Immihelp team,

I was on h4, first time got h1 and started working from October 2014. Came India on end of May 2015 got h1 stamped but now I don't have project. Pls suggest on bellow queries

1. Since my last paystub was generated on June 1st, if I come now to us and unable to find a Suitable project/location, can I then file for h4 cos in a month, what are the risk you see?
2. Or should I go again for h4 stamping as I am India and then come US as dependent which seems to be clean and risk free, then when i m ok to work will file cos to h1
3. Or should I wait in India and try hunting projects and if I get then file new Lca n come to us, will I be question at port of entry about my longer stay in India while I had h1b stamped.

Pls help me.

[shervin143]

1. Since my last paystub was generated on June 1st, if I come now to us and unable to find a Suitable project/location, can I then file for h4 cos in a month, what are the risk you see?
>>> You cannot travel in H1B visa when the job doesn't exist anymore. If the officer at the POE figures out that you no longer have the job, but trying to enter in H1B status, they can deport you and that will cause big problems.

2. Or should I go again for h4 stamping as I am India and then come US as dependent which seems to be clean and risk free, then when i m ok to work will file cos to h1
>>> This is a reasonable plan. Nothing illegal here and it will work.

3. Or should I wait in India and try hunting projects and if I get then file new Lca n come to us,
>>> This is also a viable option. With this option, you can retain your H1B visa. If you go for H4 visa, your H1B will be cancelled. Just a new LCA alone is not enough to travel. Your current employer need to file a new LCA and amend the H1B petition. You can travel only with the amended H1B approval notice. You can also transfer the H1B to a new employer. Once the transfer gets approved, you can travel using the new approval notice and existing H1B visa.

will I be question at port of entry about my longer stay in India while I had h1b stamped.
>>> No such questions will be asked. Carry a recent employment verification letter from your employer to prove that the job still exist. If the officer at the POE questions your long stay, this letter will help.

[Nish77]

Thank you somuch for you valuable advice and prompt response. Appreciated.