H1 to H4 and back to H1 after H1B 60 day grace period

Hello! Hope everyone is staying safe! Along with many others, I was laid off by my employer due to COVID. Fortunately my spouse is on H1 and has an approved I-140 petition. We are going to file for my H4 EAD as soon as possible but there are a few things I wanted to clarfy

1 - Assuming I get a job and my employer is willing to file my H1 within the 60 days grace period then from what I have read that we can withdraw the Change of Status (COS) and the new employer can file for H1 transfer (I-129) concurrently and I can start working on the receipt. Would that be accurate
2 - Given these uncertain circumstances, if I am unable to find a job within 60 days but lets say I find one in 90 days, at this point my 60 days “grace period” is over and I still do not have an approved H4 (current processing times are 7-9 months), can my new employer file for H1 without an approved H4?

I just want to make sure what I am able to communicate the timeline to my new employer once my grace period is over.

Thanks everyone for their help!

A little background

Current H1 Visa on the passport was expired on Jan 2020 but I have an approved I-797 petition until Nov-2021. I also have an approved I-140 petition from my current employer

As per my opinion, you won’t be able to ditch H4 COS application easily.

Once you stop working on H1B, you are essentially ‘out of status’. Your H4 COS pending application keeps you in legal status past the H1B 60 day grace period.

If you file H1B after 60 days, you should file it as consular processing application as USCIS may not approve your H1B until H4 COS is approved first.

Hello! I was hoping to get some help/guidance on my situation. Here is my timeline

  1. June 20 - Got laid off after working for 8 years
  2. August 10 - Last paycheck received from my employer (severance)
  3. August 14 - Filed H4 COS through spouse (received date on my notice)
  4. August 15 - Notice date on my receipt for COS
  5. September 10 - Got an offer from a company
  6. September 12 - Offer rescinded as the company’s attorney told hiring manager that my case seems too complicated and potentially might not start until summer of next year
  7. September 17- Got an offer from another company (their immigration team is the same as the my previous employer)
  8. September 20 - Started onboarding but have not had a conversation with the immigration team yet.

I was wondering if someone can guide on what my next steps would look like? Now that premium processing has resumed, will mine be a straight forward change of employer or am I looking at an RFE or approval with consular processing?

Just wanted to best prepare myself for the next steps to come. Thanks a lot!

Some data points

1 - Previous employer’s I797 was valid until October 2022
2 - Current H1B Visa stamp expired (valid until March 2020)

@Anil_Gupta - whenever you get a chance. Would love to get your input

RFE and approvals depend on the paperwork.

I am currently in the following situation. I needed help in understanding what my next steps should be:

Last day of work with employer A (working on an H1B visa) was Sept 1. My grace period ends on Oct 31st
I applied for H1B to H4 COS (along with an H4 EAD) through my spouse’s employer around Aug second week and got USCIS receipts for both towards the end of Aug
In the second week of Sept, I got an offer from employer B and they filed for my H1B visa transfer with premium processing in first week of Oct
I had the following questions:

What would happen to my visa status in case I don’t hear back about my H1B visa transfer decision before my grace period ends?
What if I get an RFE on my H1B transfer prior to the end of grace period, we respond to the RFE and I don’t know the decision until after the grace period?
After my grace period ends is the H1B visa transfer application from employer B still valid, given that I would have already exhausted my H1B grace period and technically I won’t be on an H1B anymore?
Can I keep my H1 to H4 COS while waiting for a decision on the H1B transfer after the grace period or do I have to choose between the two.
Thank you for your help in advance!

@Anil_Gupta: would love to get your input whenever you get a chance. Thank you!

Anytime you file H1 or H1->H4 COS, until you hear back on a decision, you would be considered in a period of authorized stay. This means you dont have a status but you can legally reside in the US. Irrespective you get an RFE or if your H1 takes a few months, it should be absolutely fine because the H1 was filed during your grace period.

You should definitely keep your H1 to H4 COS application pending until you get your approved I797. As soon as you receive your approval, make sure to withdraw the H1 to H4 COS application immediately so that the H4 does not supersede the H1

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Thanks @h1b_transfer_help . I agree with your advice.

@keyebi what was the eventual result of your case? Did you have to go through consular processing?

My background:
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 stamp is expired)