H1B Grace Period > H4COS Pending > H1B Application


Looking for help urgently. My H1B employment ended in May end (grace period till end of July?) however my I-94 Valid till 5, 2021. I also have previous employer H1B visa stamp validity till Jan 2021. I have I-140 approved since 2012. My spouse on H1b till 2022 and approved I-140 since 2010.

I don’t think I’ll have a new employer H1B application on file before day 60. So, I am planning to file for COS to H4/EAD asap so I can get receipt notice before or soon after 60 day grace period (end of July?) If I get an employer post 60days and my H4change of status is pending what are my options? Will I need to go for consolar processing? Will I need to go to a border and re-enter?

Thank you in advance for your help!

You can either file H1B in Consular or change of status based on the situation.

Thanks for the help Anil.

Appreciate if you answer what will be applicable in which situation. Most likely H4 will be in pending stage so what will be my option.


You and your Employer has to decide it.

Thanks, Anil. I couldn’t understand which one applies to my case, so I am asking a follow up question. My apologies.

If my COS to H4 is pending and I apply for COS to H1B (Premium Processing) will USCIS give it to me with I94 and will I be able to work as soon as it is approved? Or will USCIS approve it with consular processing - No-i94 and I cannot work till I go out and re-enter?