Sharing Lawyer's opinions reg. 'H1-H4-H1

[ABC_XYZ]

Hello everybody who are on bench and need some information regarding how to go from H1B to H4 and come back on H1B once you find a project. I discussed this situation with 2 independent and reputed lawyers. Here the information I got from both of them-
1) Easiest way to go from H1B to H4 is, to leave the country and come back on H4 stamp. If your spouse is on H1B and he/she has all the paystubs, then you don’t get any trouble for H4 stamping.
2) Once you enter in US with H4 stamp, USCIS consider your status from that point onwards (from the date of your most recent port of entry)
3) Whenever, you get a project and want to file for change of status (H4 to H1B), you have to prove that you maintained your status in US since your most recent entry in US ( which will be H4 status), you are quota exempt for H1B (show your current H1B’s approval notice {I-797}). You DO NOT NEED ANY PAYSTUBS from your previous employment for this.
If anybody, in similar situation, has consulted with their lawyers, please let us know whether your lawyer’s legal opinion was anything different OR similar to this.
Your response will be appreciated.
Thanks,

[txh1b]

Have been extensively discussed on the forum for a while.

[addy]

thanks for your valuable input.
In my case, employer says he would send notification to USCIS that I am no longer employed for him.Something like cancellation.In that case will my H1 still be active. I mean after i get back to H4, will i be able to search a job in my old H1 or do I need fresh one.

[Tina80]

Can you tell me ...will the same thing is applicable if u file a change of status from H1 - H4 & H4 - H1 and stay in US, rather than going to home country n get the stamping done? Will there be an effect with COS? Guide me.

[ABC_XYZ]

thanks for your valuable input.
In my case, employer says he would send notification to USCIS that I am no longer employed for him.Something like cancellation.In that case will my H1 still be active. I mean after i get back to H4, will i be able to search a job in my old H1 or do I need fresh one.

Ans- If you have already changed your status/visa stamp to h4, then it doesn't matter that your employer has cancelled your current H1B. You can search for job and once you get one, you can file for change of status (H4-to-H1).

[ABC_XYZ]

Can you tell me ...will the same thing is applicable if u file a change of status from H1 - H4 & H4 - H1 and stay in US, rather than going to home country n get the stamping done? Will there be an effect with COS? Guide me.

Answer: Good questions. I am not sure about your case. So I don't want to give any false impression...Sorry! You should consult with a lawyer as soon as possible. Please share with us what he/she gives your legal opinion. It will be helpful for all of us.