H4 to H1 and then H1b cancelled

USA H1B Visa
1

Hi,

I was on H4 and had my H1b applied through a staffing firm. H1 was approved in Feb 2013. Later my employer applied for cacellation of H1 as I didn’t get a project and now on May 21st my H1 was cancelled. My question is

  1. Do I go back to H4 or I am out of status.

  2. If I am out of status can I apply for COS to H4?

  3. If I can’t apply for H4 what are my options?

I had signed a offer letter before applying for H1.Apart from that I don’t have any payslips or SSN.

Thanks in advance for your suggestions.

Warm Regards

2

Did you do a COS from H4 to H1b? If not, you are still on H4 status and no action required. Else, you need go back to H4 status.

3

Hi Sujith,

I am not sure of it as I didn’t get any H1 approval copy from my employer. But as per my knowledge we didn’t do formalities after H1 was approved, all we did was start with marketing my resume. I will check with my employer for the same and act upon.

Thanks!

4

Then you must be still in H4 status and I think you’re fine.

5

Get the H-1 notice from employer and see if it was approved w/ I-94 attached. Like Sujith mentioned, if I-94 is not attached (i.e. COS not approved/filed), then you are in H-4 statis and no action required.

If it does have an I-94 attached then you are in trouble. You have stayed for close to 4 months on H-1 w/o getting paid, which is an issue. Leave US immediately and return on stamped H-4 visa. You cannot file COS from within US as you are currently not maintaining legal status. Also consult an attorney in this case.