H1B to H4 with approved valid H1B

Hi Saurabh,

Appreciate your quick help.Today my H1B employer terminated my employment for not able to find suitable project for me.
I have valid H1B I-797 as well as H1B Visa stamped on my Indian Passport till August 2015.My H1B/work start date was October 1st 2012.Before that I was in US on H4 Visa which was valid till August 2015 again.
I understand that my status was changed to H1B from H4 from October 1st 2012.

My QUESTION is :”Do I again have to apply for Change of Status from H1B to H4 or I can use the previously approved H4 document?
How fast I have to do this?
I would have all payslips till August 1st.
How long can someone stay on H1B without work if I need to find another job?I have asked my employer not to cancel my visa.

I am assuming that if I find employer after sometime,I just have to change status from h4 to h1 without going through the quota.Please confirm.

Thanks a lot!!

Do I again have to apply for Change of Status from H1B to H4 or I can use the previously approved H4 document?

>> Your current status is H-1. To move to H-4, you either need to apply COS to H-4 or enter US on stamped H-4 visa.


How fast I have to do this? 

>> It can be applied anytime as long as you are maintaining status. You have all payslips till Aug 1, so file it soon.


How long can someone stay on H1B without work if I need to find another job?I have asked my employer not to cancel my visa.

>> You cannot stay in US w/o getting paid. When a new employer files petition, they will need proof of you maintaining legal status, which you will be not from Aug 1. Yes, this will not be subject to cap/quota.

Thanks a lot Saurabh !! After your reply I was so tensed that my last working day was August 2nd and I tried to fill I-539 and was wondering what to fill in Expiry Date Column after Current Visa Status as instructions clearly stated this form has to be filled 45 days in advance except under circumstances not in my control.I am 7 months pregnant and cannot travel to India with the risk of not returning before my delivery date.I have decided to send application with a cover letter.

I called my employer and told the same and they have agreed to co-operate in my visa thing.They are suggesting that finance is the issue so they can pay me only till Aug 2nd + 2 weeks pays but can extend my last working date by a month or as needed as they have not put that in the system and adjusting the time with some sabbatical/other type of leave.

My question is “Should I ask them to put my last working day as after 30/45 days and get me payslips as last two only (I am paid biweekly) or ask them to pay me now and not pay me last periods showing me on leave/not able to work? Can last two paystubs state nothing showing vacation/personal hrs?
What do you suggest?”

Thanks a lot again !!

Also let me know in I-539 what should be Expiry Date (Last working day as decided /expiry date of my h1b visa stamping /I-94 which is in August 2015)?

Appreciate all your help!!

Are you referring to “Expires On” field on the very first page? There you should mention your current H-1 I-94 expiration date. That is when your current H-1 status expires.

If your employer can extend the employment by 30 days, that would be best as you will have payslips for Aug as well. After that, you will be 36 week pregnant and that is a medical reason for not to work (FMLA allows you to start leave 4 weeks in advance of due date). So you can attach a certificate from doctor stating that you are pregnant, w/ xx/yy due date and need to stop working or go on disability.

If you still have access to your H-1 attorney, then review all this w/ them and then file for COS ASAP.

Thanks Saurabh !! Yes,I am referring to last column of Part a .I thought I should fill last working day there.As per your advice I would put my H1B expiry date now (Aug 15).From today my employer has put me on Unpaid Leave.Would I need the paychecks during this as well?Last time when I was on unpaid leave for 1 month,they did not issue a paycheck as well.However,as per I-539 instruction I just need to send this form,I-94 of my husband,our marriage certificate and a cover letter with cheque.They have not asked for any other doc there.Do I still need to send them paychecks or any other docs? I have not received any written notification yet.Will I need that as well as employment letter ?My last working day would be 30th aug now and that would be 29th week of my pregnancy.After that they want to cancel my h1b to keep them covered.I have requested them not to cancel but they just liosten to their attorney as I am the only H1B employee there and they do not know anything about rules.

I am going to file I-539 myself as its an easy form.

My H1B expiry date is in Aug 2015.

You will need payslips at least until the time it is received by USCIS. So if it reaches USCIS on Aug 10th, then payslips until Aug 1. If it reaches on Aug 20th, then payslips until Aug 15th. However, USCIS can ask for more payslips later by issuing RFE.

Although they haven’t specifically asked for it, you need to show that you are maintaining legal status and will continue to do so after your COS. As such you need to submit your 797 copy, I-94 copy, payslips (proof of you maintaining status) and similar documents for the spouse (proof of you being able to maintain status in future).

When is the H-4 visa stamp in your passport expiring?

My payslips leg behind by 15 days as per company policy.My last payslip came on 26th July for pay period ending in 13th july. My H4 stamp in passport is expired one but I have H1B stamping in my passport till Aug 2015.I have another I-797 for H4 till Aug 2015 also but that I never get it stamped since I came on H1B from oct 1st 2012.

I found the case where person was able to get cap-exempt petition even after it was revoked by USCIS. You can connect w/ that member here - http://redbus2us.com/qa/8641/h1b-cap-question-need-help-urgently

Hi Saurabh,

I had sent the change of status form with supporting docs and it reached uscis on 9th aug as per tracking.I received notice of action only few days back which says application received on 15th and notice date 19th aug.Since my last working day has already passed (30th aug) and I understand I can stay till application is pending (initial review) but what would be my H4 start date if approved? I never received H4 doc with past date.For eg.if my H4 start date is 30th sept ,what would be my status called between 30th aug and 30th sept…Will it result in any complications later or during GC processing? Do I need to do anything right now? I have called USCIS CC and they do not provide any information and saying that they have huge workload these days. Please advice.

Thanks a lot