H4 to H1 to H4 - really urgent - already out of status

avaniamin

New Member
Hi,

I have a query regarding my current status in US and my options now.
I got H1-B approval in October 2007 and started working for Employer A.
In February 2009, employer A laid me off and sent a request to USCIS to terminate my H1-B.
Meanwhile Employer B applied for H1-B transfer.
Due to some reason employer A has not received any acknowledgement of H1-B termination. I can still see the status as approved.
On May 26th, my H1-B transfer to employer B was denied. The reason for the denial was that they could not find enough evidence that I am working for the client.
Now I am planning to change my status to H-4.

Am I out of status right now?
Can I directly file for change of status? Can I take chance for change of status on the fact that employer A has not received acknowledgement for the termination?
Or do I have to go out of the country and apply for H-4 visa? Do I need to go to my home country or I can go any where out of the country?

I would really appreciate your help!!
 
When was the H1 from the new company started.

The moment you lost your job, the H1 with that company is invalid, even if it shows valid, since you are not being paid by them. The only way you can prove it is valid is by showing payslips which you cannot, so dont be fooled by H1 status, that is different, to be in status you NEED to be paid.

In your case, now you are out of status and staying illegally. Your best bet is to go back to india and then get an H4 stamping based on your spouse H1. Thats the best bet, since you cannot change your H1 to H4 now, since for that you HAVE to be IN STATUS.
 
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