COS - need help. Experts pls. advice.

[sweetfairy_aanamika]

I am working on H1 since oct. 2007 through consultant and recently laid off. now on bench, my employer is not ready to pay me and I don't want to go out of status so I am thinking to apply for H1 to H4 COS and when market will be good, I will again change it to H1. But I have doubt that when I apply for H4 - H1, approval notice may be without I-94 and I need to go for stamping before starting to work on H1?

When on H4, if I need to go out of country, i can enter USA on H4 but when I go for H4 stamping, will they cancel my H1B? I came to USA on F2 visa and then never left the country. So not any visa stamp H1 or H4.

Pls. reply experts as I don't want to go out of status.

Thanks.

[txh1b]

You can explain to VO that you intend to get back on H1b at a later date and they would leave the visa stamp as is. But it depends.

[sweetfairy_aanamika]

But what if I stay in US and change status from H1 to H4 and then when market is good, I again apply for H4 to H1. At that time, will I get my approval with I-94 or not? It depends on which criteria?

Reply asap as I may need to change status in one week.

Thanks.

[txh1b]

It depends on VO. You can go for COS in US if you qualify.

[ajaysharmlondon]

concurrent H visas

since both the visas are combined to calculate the period, you will have no issue if you go out of the country on H4 or go for H4 stamping.

best luck,

ajay