H1b to H4. New H1B with Company C

USA H1B Visa
1

H1B Transferred from Company A to B on Regular processing. H1B denied!. My wife is in H1B.

1. Do i need to go to India in order transfer my status to H4 Visa Or can I transfer from US itself?
2. My I94 is valid till Nov'2013 with Company A's H1B. Can i apply new H1B thru Company C since Company B is not willing to process again!.. Is it possible to apply new H1B thru Company C (not on regular quota)
2

  1. Are you still working for A or B? If you are working for A, then you can file COS from H-1 to H-4 while continuing to stay in US. If you are working for B, then either need to move back to A and file COS from H-1 to H-4; or leave US and go for H-4 visa stamping.

  2. C can file H-1 transfer for you depending upon who you are working for at the moment.

3

Hi Saurabh,

  1. I am working for Company B using Receipt # and they run payroll too. I can not move back to A. Do i need to leave US to transfer to H4? Or Can i stay in US itself and change my status to H4
4

You are no longer in valid status once B’s petition gets denied. So you should leave US, get H-4 visa stamped (if not already stamped) and then return to US on H-4. In future, an employer can file cap-exempt H-1 for you along w/ COS from H-4 to H-1.

5

Do I need leave Us? Or can I change status to h4 while I’m in US iteself

6

As B’s transfer petition has been denied, you should leave US ASAP and then return after getting the H-4 visa stamped. The more you continue to stay, the more “out of status” you accumulate.