H1B Max out danger due to Coronavirus related I-140 premium suspension

USA H1B Visa
1

Hi,

My 6 year H1B is ending on 09/30/2020 and I-94 on 10-10-2020. My PERM was filed on 11-20-2020 and still in-progress. I was hoping to get I-140 approved via premium processing once PERM is approved. Now USCIS has suspended I-140 premium processing due to Coronavirus spread. I am worried that I may not get I-140 approved before I-94 expiry. My spouse H1B transfer application is being prepared by attorney team. Is it advisable to apply H4 COS + H4EAD now or wait to see how this pendemic will turn out?

If I apply H4 COS+H4EAD on 09/01, and stop working on 09/30 and then get I-140 approved after I-94 expiry. Can I apply for H1B extension and start working before H1B approval notice while H4 COS is pending?

2

I suggest to go out of US and then get H4 visa. If you file H4 COS and then again H1B extention, you are adding complexity to your situation.

You should be able to start working with H1B after filing extention with approved i140, but there could be status issues.

3

Thanks Anil for quick response!

My spouse current H1B is valid until 10-10-2020 and as I said earlier H1B transfer will be applied soon which employer was ready to do premium but now that also being suspended by USCIS on Friday. As per your suggestion if I go out of US, can I still get H4 stamp on pending spousal H1B transfer application?