H1B Employment breaks in Amendment & Employer Change denial With valid I-94.

USA H1B Visa
1

In 2017 filed an H1- B Extension with Employer A and got an approval till 04/28/2020.

Got a new assignment in a different state and filed an H1-B amendment with employer A on August 07-2017. H1B Amendment denied with Employer A on Feb-28-2018. Employer A didnn’t revoke my initial approved petition.

Filed an H1B Employer transfer to Employer B on April-11-2018 and started working for Employer B. Transfer of employer also got denied on October-23-2018.

Filed an individual petition Change of status to H4 & H4 EAD using spouse H1B on

Jan-04-2019. The H4 COS petition got rejected on Jan-31-2019 for not mentioning the status in application.Corrected the application form and resubmitted the application on Feb-8-2019. We got a new receipt number for the same.

Spouse company was filing an H1B extension on 03/15/2019 in premium so we did concurrent filing in premium for (H1B+H4(filed new petition ) +H4EAD (Again filed new petition). Got an approval for all petitions and my new H4 I-94 & H4 EAD came with Feb 2022 validity.

Note:- In the Amendment & Transfer of employer denial notices they mentioned that I can stay in the US as long as I have valid I-94.( In this case my initial I-94 was still 04/28/2020.)

Question1:- Gap in Employer A Denial Feb-28-2018 and Transfer of employer B Filed on April-11-2018.

Question2 :- Gap in Employer B Transfer denial filed October-23-2018. and COS filed on Jan-04-2019.

I am currently on H4 status. Could you please let me know will the gaps cause any issue in GC processing ? MY PD might get current in OCT20.

2

This is within the 60 days grace period for H1B.

This is few days over the 60 days grace period. But the fact that your H4/EAD got approved meaning the adjudicating officer disregarded the few days of out-of-status.

It depends on the adjudicating officer, but because the out-of-status period was miniscule, I personally believe that there should be no issue with your GC.