H1 petition valid?

[nithyakesan]

Hi,

I worked for a startup company in H1 status. And took maternity leave(loss of pay) from Dec-15,2009 to May-30,2010. I have the approval document with me. Due to non-availability of funds, the company is forced to shut down during January last week. I came to know about this only now. With the current situation I will not be able to work, so I cannot do a H1 transfer to a new employer now.

Now my question is,

1. If I file a COS to B2 now, and be here in US for another 3 months, can I find a job and ask for transfer of my current H1 petition to the new employer?
2. Will my H1 petition be valid till that time, as the company is shutting down now?
3. Or do I need to go through the lottery and quota system to get a new H1B petition?
4. Is there any grace period that I can stay here in H1 status without pay stub, due to health reasons?

Please help. Thanks in advance,

Nithya.

[shervin143]

Answers below.

Hi,

I worked for a startup company in H1 status. And took maternity leave(loss of pay) from Dec-15,2009 to May-30,2010. I have the approval document with me. Due to non-availability of funds, the company is forced to shut down during January last week. I came to know about this only now. With the current situation I will not be able to work, so I cannot do a H1 transfer to a new employer now.

>>> Such a long maternity leave with loss of pay is not allowed in H1B.

Now my question is,
If I file a COS to B2 now, and be here in US for another 3 months, can I find a job and ask for transfer of my current H1 petition to the new employer?
>>> You are out of staus now. COS to any other status is not possible when you are out of status.

Will my H1 petition be valid till that time, as the company is shutting down now?
>>> Check with your employer. They might have revoked your petition. Or check the status in the USCIS web site.

Or do I need to go through the lottery and quota system to get a new H1B petition?
>>> You don't have to go through the lottery. You are already CAP counted. You can apply a new CAP excempt H1B through a different employer by providing a copy of your approval notice. If it gets approved, it would be I-797B (Consular processing).

Is there any grace period that I can stay here in H1 status without pay stub, due to health reasons?
>>> No

Please help. Thanks in advance,

Nithya.