H1 to H4 and Later change to H4 to H1b after job

USA H1B Visa
1

Hi, I was working with Company A but they fired me as they did not want to file for my H1b extension .So I joined company B who did my visa transfer but they do not have any projects they still looking for projects for me I am on bench. 1. How long Can I stay on bench without pay stub on h1b? 2. Can i change my visa from H1 to H4 ? If i do as soon as I get H4 receipt will i be considered on H4 ? or do i have to wait till final approval and I will be considered as H1? 3. Suppose I get job after few months can I do my visa transfer from H4 to H1b as i still have 3 years left on my H1b? Appreciate your help, Regards

2

  1. 0 days. You always need to get paid when on H-1.

  2. Yes, you can apply for COS and could start using H-4 status as soon as the petition is received by USCIS. However, you are currently out of status (not getting paid) and this COS may run into some serious issues.

  3. Yes, you can apply for COS to H-1 in future

A better thing would be to leave US, get H-4 visa stamped and then return on that H-4 visa. Applying for COS is not helpful as you are currently out of status.