Urgent ****** H1B - H4 - H1transfer

[rw117]

What is the name of your state (only U.S. law)? PA

Hi,

I have been working with COMPA for past 3 yrs and my H1B is valid till Jan 2013(I have already exausted 5 yrs on H1B). Now due to some reasons I cant continue working for COMPA and to remain on status I am planning to change my status to H4 by filling fo COS within US till I find a new job. My question is:
1. Can I get my Status changed to H1B later if I find another job ASAP. Will that be a H1B transfer or a fresh H1B as part of quota?
2. Will I be able to start a new job as soon as COMPB will file for my H1B.
3. Or do I need to go out of country and get my H1B stamped?
4. Or go out of country and re enter without new stamping (My current H1B is stamped till Jan 2013).

Kindly help!!!!!!

Thanks
RW

 

[ImmigAttyLana]

1. Can I get my Status changed to H1B later if I find another job ASAP. Will that be a H1B transfer or a fresh H1B as part of quota? IT WILL BE A CHANGE OF STATUS THAT IS NOT SUBJECT TO THE QUOTA. BUT IT WILL NOT BE A TRANSFER BECAUSE A TRANSFER IS WHEN YOU ARE TAKING THE H-1B STATUS YOU HAVE, FROM ONE EMPLOYER TO ANOTHER. SINCE YOU WILL BE IN H-4 STATUS, IT WILL BE A CHANGE OF STATUS TO H-1B AND NOT A TRANSFER.
2. Will I be able to start a new job as soon as COMPB will file for my H1B. NO, AGAIN, SINCE IT IS NOT A TRANSFER, YOU WILL NEED TO WAIT UNTIL THE H-1B VISA PETITION IS APPROVED BEFORE YOU CAN START WORKING FOR THE NEW EMPLOYER.
3. Or do I need to go out of country and get my H1B stamped? THERE IS NO NEED TO GO OUT OF THE COUNTRY TO GET A NEW VISA AS LONG AS YOU ARE IN THE US IN VALID NONIMMIGRANT STATUS.
4. Or go out of country and re enter without new stamping (My current H1B is stamped till Jan 2013). AGAIN, NO NEED TO GO FOR ANY STAMPINGS UNLESS YOU PLAN TO TRAVEL INTERNATIONALLY ANYWAY AND THE CURRENT VISA WILL BE EXPIRED.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.