Converting H1 to H4, if H1 reapplied will it be cap exempt?

[poojatech2015]

Hi,

I am working for company X, and my project got ended on 9/30. My company is still looking for a project for me, my petition is valid till Jun 2016.
1.How long can I stay on leave, to maintain my H1B Visa status? should my company generate the pay slip mentioning that I am on leave?
2.If my company asks me to go on H4,how long does it takes to process.
3.Once my H4 transfer is done and if I find another job can a new employer, let's say -company Y, file my H1 b? Will it be cap exempt?

Thanks,
Pooja

[kabkaba]

Without a genuine reason such as health related, leave without pay is not allowed. You must be paid every single day. You are out of status as it is. Change of status to any other status will not be possible. You will have to leave the US, obtain H4 Visa and return.

Irrespective of the above, you remain cap-exempt. Same or another employer can file a petition without going through cap.

[poojatech2015]

Converting H1 to H4, if H1 reapplied will it be cap exempt?

Without a genuine reason such as health related, leave without pay is not allowed. You must be paid every single day. You are out of status as it is. Change of status to any other status will not be possible. You will have to leave the US, obtain H4 Visa and return.

Irrespective of the above, you remain cap-exempt. Same or another employer can file a petition without going through cap.

Thanks!!