Transfer of H1-B to H4 and viseversa

[prashant999]

Hi,

I came to US almost 4 years ago on a H1-B visa. In December 2002 I lost my full-time job and the company has told me that they will go ahead and inform the INS about the same.

I have another H1-B visa from my prior company, which they have not cancelled. It expires by the end of this year.

Now, what is my current status? What are my options going forward?

My wife has her own H1-B visa. Should I transfer my visa to H4 to maintain my legal status?

What happens if I am on H4 visa and then found a job. Will I have to file a new H1-B visa or it will be a transfer from my previous valid H1-B visa.

Any help will be appreciated.

 

[jaxen]

Without paystubs your h1 will not save your status. Your old company visa is no longer valid.
If you transfer from H1 to H4, then you can only do a H4 to h1 transfer afterwards.
You can risk H1 transfer until current I94 expiry (although company is going to cancel the visa) if you get a job. INS will issue a new H1 without I94 (which you can get by traveling out of US). This is a move with risks... H4 is a safer option.