Reg h1b status.

When i came to usa from india my status was on h4 visa. I applied for h1b status through an employer and my h1b visa got approved in feb 2016. My employer has send me a notification on April 10th stating that my h1b will be terminated with effect from 10th april 2016. My receipt number in the uscis case status shows as received your case on 21st april and we are currently reviewing it. In the mean time i was asked to change my status back to h4 though my h4 was valid till july 2016. I asked my spouse to initiate h4 for me through her employer. She has a valid h1b visa till july 2016 and her employer is also filing her h1b extenstion. When checked regarding the COS for me to h4 her employer has told her that they will not be able to file h4 for me as there is no status associated with my case. In the mean time i have checked with some employers for the h1b transfer. They are also not able to do a transfer as there is no projects available currently. Please reply back if

  1. Do i need to leave usa as still my h1b and the I 94 is valid till feb 2017 and my old h4 is also valid till july 2016. Will there be any legal issues from uscis as the present employer is working on finding a job and do a h1b transfer.

2.will i be able to file h4 on my own. Will uscis accept my h4 petition. Iam being confused very much by friends and other people as iam not getting a clear picture as what i need to do.

  1. One of the employer who is willing to do a h1b transfer is saying that I can stay in us for 180 days in no status. Is that true.

Please help me and advice me in detail as what i need to do.



  1. I would suggest leaving US and returning on H-4 visa to get H-4 I-94. Your spouse can then apply for H-4 extension along w/ her H-1 extension; or you can apply for new H-1 w/ COS through a new employer.

  2. If you travel outside US and return on H-4, then you get H-4 on your own. However, if you stay inside US and apply for H-4 COS then it could be an issue if you don’t have payslips.

  3. That employer is a joke. He doesn’t know immigration rules.

If you are not getting paid, then you are in trouble. As the employer is terminating your status, I assume you complain against him for back wages or else it may bite you in the long run.