H1 to H4 to H1

[yeshu]

Hello,

My H1 visa was approved this year. Because of the current job market, I am considering going back to H4 till the market improves. I understand that my next employer will be required to file a new H1B on my behalf. But will I be subject to H1B cap at that time? My current H1B is valid till Oct 2011.

Thank you

[txh1b]

Read the FAQs.

[yeshu]

Read the question.

[txh1b]

What now? I did even before I answered earlier. It is you that missed doing your homework. I help the lazy by providing a link to the FAQs in my signature.

[itzprams]

Hello,

My H1 visa was approved this year. Because of the current job market, I am considering going back to H4 till the market improves. I understand that my next employer will be required to file a new H1B on my behalf. But will I be subject to H1B cap at that time? My current H1B is valid till Oct 2011.

Thank you

Was your h1b applied with COS and you are currently not working ? then you are out of status presently. If this is the case there will be a problem while going back on H4.

Your H1B is already approved, so you are already cap counted. For next employer you have to file a transfer with an approved petition.