H1B COS with no job to H4B COS. Can I still work on H1B if get a job?

USA H1B Visa
1

Hi experts,

My wife’s situation is like this:

She got her H1B COS done in 2013 for validity of 3 years. Her current employer doesn’t have a project for her so he has stopped paying her salary from September.

Can we process her H4 COS since I have H1B COS?

She is still searching for a job as either contractor or full time. If some company is ready to offer her job, can they transfer/sponser her H1B without cap i.e. her current H1B? Or she has to apply for it through lottery in next year March-April?

To add complexity to this situation, what will happen if we make a visit to India in the next year? We both are on COS and are in states since 2012.

Appreciate any replies on this.

Thank You

2

Yes, it’s better to apply for COS to H4 ASAP to avoid any trouble in the future. Once she gets a job with another employer, they can apply for COS to H1-B for cap exempt. Her new H1-B will always be cap exempt if it’s applied within 6 years of issue date of her existing H1 (assuming her total stay in US doesn’t exceed 6 years).

If you go to India, both you have to go for stamping in consulate.

P.S. : It’s my opinion and not a legal advice.