60 day Grace period - Filed H4 with in 60 days - Valid I 94 till 2021 Nov - Can i file H1b transfer with COS after 60 day grace period


Due to COVID - lost my job and filed for H4 with in 60 day period. My i 94 expires 2021 November.
I have approved I 140- under EB2 & also Under EB3 from 2 different employers.

Now i have job offer, one week after grace period ended and H4 COS is filed. Can i file for H1 transfer with new employer now? what will be outcome if i file H1B tranfer in my situation? Some research showed it is ok to apply H1B with in 2 weeks after grace period is over, provided H4 COS is filed.
Withdraw H4 once H1 tranfer gets approved.
Please suggest.
Thanks in advance.

Similar question answered here:


Hell Mr. Anil Gupta, thank you for your response! I did read that article but it doesn’t specify about filing COS -H4 before 60th day & H1 after 60 th day with valid i 94. Can you please comment on that.
Can H4 COS fed ex receipt only (haven’t received H4 receipt number) act as bridge after 60th day? Thank you.

Thank you, just noticed second response, thanks again! so what is the difference between COS H1b/H1B consular processing. thank you again!


I was on H1B and was laid off in May due to the pandemic. My H1B is valid until Sept 2021. I applied for a change of status to H4 and the receipt date is June 24. I received an offer from a company that is willing to transfer my H1B. Below are the questions I have about my visa status:

  1. My H4 visa is still under process, can my new employer apply for an H1B transfer at this time?
  2. If yes, can it be a standard H1B transfer or do they need to file for a consular H1B with a change of status application?
  3. If H1B needs to be filed with consular processing, do I have any options to start working without visiting other countries for visa stamp in the current COVID situation?
  4. Is there an option to withdraw my H4 application and then file for an H1B transfer? If yes, what would be my current visa status until H1 gets approved since the 60 day grace period on my H1B is completed?

Thank you in advance for your response.