H1b Cos H4

[eas1]

One of my friend (on H1B) is working for a company A, the company A is laying off. Her husband is on H1B working for company B. The question is, can my friend change her status from her H1 to H4 (dependeant of her husband). And once she finds a job can she change the staus back to H1B. I have read through many FAQs but still it is not clear. So please let me know the possible options to maintain the status and to avoid going to a postion of subject to cap again. Thanks in advance txh1b.

[Subramanya]

One of my friend (on H1B) is working for a company A, the company A is laying off. Her husband is on H1B working for company B. The question is, can my friend change her status from her H1 to H4 (dependeant of her husband). And once she finds a job can she change the staus back to H1B. I have read through many FAQs but still it is not clear. So please let me know the possible options to maintain the status and to avoid going to a postion of subject to cap again.

---- Yes, she can change to H4 and later cahnge back to H1 with a COS when she gets a job for the remaining period of her H1. However, she has to wait till her COS is approved

Subramanya

[eas1]

Thank you Subramanaya.My understanding was absolutely the same. But the FAQ was different for the same question.

https://www.immihelp.com/h1-visa-lay-off-job-loss-faq/

Last but one question

[eas1]

Thank you Subramanaya.My understanding was absolutely the same. But the FAQ was different for the same question.

https://www.immihelp.com/h1-visa-lay-off-job-loss-faq/

Last but one question.

Any thoughts txh1b.

[txh1b]

Which part of the FAQ speaks otherwise?

If one is currently maintaining the H1b status and have proof to substantiate it in terms of pay stubs, one could change to other eligible status and return to H1b at a later date. But none of the status changes are automatic and have to be approved by USCIS.

As an alternative, the person, if they have a valid H4 visa stamped on the PP, could travel and return on H4 immediately after the job loss.

[eas1]

Thank you for your reply.

link: https://www.immihelp.com/h1-visa-lay-off-job-loss-faq/

(Last but one question)

Question: I was recently laid off while on H1B .....

Answer:......You will be subject to H1-B cap again, simply because you earlier requested to change to some other status like H-4

Does this question/answer mean that if a person changes the status from H1 to H4 now, at a later point of time the person needs to go under cap when there is job opportunity to change from H4 to H1. Or is my understanding different?

[txh1b]

I think the "not" is missing in the answer to the FAQ. Follow the forum while admin makes the change to the FAQ.

[immihelp]

Fixed.

[eas1]

Great. Finally I helped to update the coorection in FAQ and that was making myself confused for last few days.

One more quick question, when applying for COS from H4 to H1 (back to original H1 that was used to transfer to H4) needs to be, not cancelled by the orignial employer. Or even if the employer cancelled the H1B can we transfer as long as we have the approval notice?.
P.S- Even if my question is invlaid, please clarify.

[txh1b]

It does not matter once you are cap counted. A COS has to be filed as an amendment to the H1b.

[eas1]

You mean to say, once we are counted in the cap, though the H1B is cancelled we can apply for H1 transfer. I just put in the same order what I feel it might happen, Please correct is step 6&7 possible?

1. Laid off from work on Feb'09
2. Applied COS to H4 on Feb'09
3. Employer cancelled H1 B on Mar'09
4. COS approved on Apr'09 (H1 to H4)
5. Got a job opportunity on May'09
6. New employer applies for COS (H4 to H1) in May'09 on Premium processing
7. COS approved on June'09 (H4 to H1)
8. Join work on June'09

[txh1b]

Seems right and very much possible. Read the FAQs about the first question on cap-count. Since you caught an error, I assumed you would have done your ground work.