My last day was May 23rd, 2020
My spouse lawyer sent COS to H4 in May but USCIS received to date is June 9th which is over than grace period. (H1b grace period was over on 24th May)
I got an offer but the lawyer is not willing to apply for H1b because COS to H4 was not withing 60 days.
Is there any way to avoid such a thing in an upcoming offer?
Is there any chance of COS to H4 getting rejected because of not submitting the COS within 60 days?
Is it better to go to India for H4 stamping?
Yeah, it’s not a good situation to be in.
Your H4 COS shouldn’t be denied, but USCIS typically takes a long time to process the application and there’s no way to expedite it.
I went through the same issues–had job offers withdrawn because the lawyers from the sponsoring employers felt it would take too long to get back into H1 status and begin work.
So for now you have some possible approaches:
be upfront with your potential employers during interviews and let them know your current immigration issues, and if they would be OK with some delays until you can start working (if your skillset is in high demand/you’re at the top of your field your future employers may be willing to do this)
it may be easier to visit India for an H4 stamp, be aware of all the existing travel regulations and changing situations though.
do nothing and wait several months for the H4 COS to come through (this is hard for most people)
I am currently in the same situation. Here is my timeline:
I was let go on May 18th.
My husband applied for H4 and H4 EAD which are currently pending. USICS received our application on July 13th.
I got a new job offer and they are ready to sponsor H1B. But the immigration attorney is asking me to withdraw my H4 and H4 EAD application before they file the H1B transfer application. My question is, as my I-94 and H1B visa stamp are valid until September 2021, will I accrue an unlawful stay in the US if I withdraw my H4 application and before my new employer files for my H1B transfer?
@vrazsild, @la_Ram, I am in similar situation as yours and want to see what has been your experience.
I am currently in US based on pending H1 to H4 I-539 application (i.e. period of authorized stay), which was filed before the end of 60-day grace period. An employer has also filed for my H1B COS after the 60 day grace period. However, USCIS issued RFEs on the H1B COS application stating that the bridge H4 I-539 needs to be approved prior to the H1B. Since H4 I-539 takes long time, the company has now requested H1B approval under consular processing, which likely will be approved. Once approved, I plan to exit and enter the country based on my existing unexpired H1B visa stamp along with the I-797B (consular approved H1b).
Did anyone of you have similar travel experience? If yes, then did you face any issue while reentering US?
I was able to file within the time and so got an approved h1b. I also came to know few who missed the 60 days period but were still able to do the transfer and cancel the pending h4 position. Hope it helps.
I am in the same situation. Found a new job while H4 is pending. Has anyone successfully traveled to India and returned back with the new employer H1B during this Covid-19 pandemic ? Was it a dropbox with interview ? Please share your experiences.
Yes, I was. Strongly suggest to apply H1B in consular processing. I tried COS cuting pandemic as the reason, but USCIS was not budging. Note, that this was during Trump time, so USCIS might be more understanding now.
Thank you for the reply. Did you eventually get the consular processing approved?
Could you please let me know if you traveled out of US and reenter back ?
Did u use an existing stamp or you had to get a new visa ? Were there any questions?
Your help is very appreciated. If you could please DM me, we can connect.
It took 22 days. Ya, it was under premium processing. Yes, received an RFE to prove that - when I was living in the US on h4 receipt, my husband was legally working on H1B. So, had to submit my husband’s pay stubs and prove to them that I was indeed living in the US legally. Then my H1B was approved as COS from h4 to h1.
Hello,
I am still a little confused if I would need a consular processing or not.
My H1B expired(layoff) in November 2020. Filed H4 COS in December based on my spouse’s H1. Now I have a job offer(April 2021) and my employer is going to file H1. Would I need a consular processing assuming my H1 is approved when my H4 COS is still pending?
(Note: My original I-94 which attached to my H1 approval notice of my previous employer is still valid until 2023 but my old H1 visa stamp is expired).
Yes, I travelled to India just to get h4 stamping. I could have gone the h1b consular processing way, but did not want to take risk with 221g etc. Since h4 stamping is straight forward, got my h4 stamping and re-applied for a new h1b. I withdrew my previous h1b which had 3 RFEs. The new h1b got approved with an RFE again.