H1b out of status...,URGENT!!

[gauravhawk]

I was working on h1b for company A. I resigned from the job 2 days back and consequently i am out if status now. But my i94 is valid upto sep 2013. I m now looking for job and suppose i find company B in say next 15 days and they willing to sponsor my h1b. Now my question is:

1) would i be counted in cap again even if was counted in my previous h1b?

2) do i need to wait until oct 1 to start work for company B?

Any anwers apprciated.

Thanks

[shervin143]

1) would i be counted in cap again even if was counted in my previous h1b?
>>> No. You are already CAP counted.

2) do i need to wait until oct 1 to start work for company B?
>>> No.

[gauravhawk]

ThaNks for the reply. So, it does not matter whether a person is out of status and he would not be counted in cap if he is already counted once. Right?

Please confirm.

[shervin143]

Your transfer might not get approved when your transfer is filed while you are out of status. CAP has got nothing to do with out of status.

ThaNks for the reply. So, it does not matter whether a person is out of status and he would not be counted in cap if he is already counted once. Right?

Please confirm.

[gauravhawk]

So, if I get a new job while out of status and the employer is willing to file for H1B, what should be the appropriate way to file so that rejection chances get minimized?

Answers appreciated.

[gauravhawk]

One more question:

My wife was on H4 status when I was on H1B. Since I am out-of status now, I understand that she is also out-of-status. I also understand that if I get a new employer and he sponsors my new H1B, I need to leave the country and come back with a new I-94 (my visa is still valid until Sep 2013, so do not need stamping). My wife also had same visa validity date. Now my question is:

1) what should be the process to get my wife's H-4 renewed? Does she need to file a new I-539, along with my new I-129 petition and get a new approved I-797 for her which she can take along with her while going out of country and then come back with that new petition?

Please clarify.

[shervin143]

what should be the process to get my wife's H-4 renewed? Does she need to file a new I-539, along with my new I-129 petition and get a new approved I-797 for her which she can take along with her while going out of country and then come back with that new petition?
>>> It is not necessary to file the H4 extension just because you are changing the employer. H4 extension can be file just about the current H4 is about to expire (6 months prior to the H4 I-94 expiry date). If you have plans to leave the country, then while returning back, she can get a new I-94 at the POE by showing your approval notice.