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  • H4-h1b-h4

    Hi All,

    I came to US on H4 and then got my H1B. I then did COS back to H4.Currently I am on H4 under extension status. My H1B is valid till september 2011.

    My question is what is the latest that I can apply for COS again to retain my H1B. I don't have my previous employer and it will be new employer this time. So will it be COS along with transfer or how does it actually has to be?

    Also, If I am unable to apply for COS before September what do I have to do to get into H1B status again. Is it the whole process again from scratch and will I have to wait till October of next year or what actually are the options.

    Please advice.

    Thanks a lot in advance

  • #2
    You are already CAP counted. You don't haveto wait until April to file the H1B under the new CAP to start working from Oct 1st. Any employer can file a new H1B petition under the current H1B CAP that you hold (Just give a copy of your old H1B approval notice to the employer). Upon approval, you can start working as per the H1B effectiove date.
    Not a legal advice. Use of this information is strictly at your own risk.