H1b transfer after 60 days of grace period

USA
1

Hello Anil,
I lost my job due to the COVID-19 pandemic, I lost my job in March, My last paycheck was on April 1, In the grace period of 60 days I couldn’t find a employer, So applied of COS to B2 which is still pending…

I have now found an employer and they will be filing my H1b transfer, Since my last 2 pay check was in April 1 and March 15 will this lead to issues, And also If the transfer is accepted will I be able to start after transfer or should I leave the country To either Canada or Mexico and get back in with my old stamping which is till Sep 2021 with new I-797…

Thank you for your time and support…

Thanks,
Ashish.

2

It depends on how your Employer files the H1B transfer.

You will have to file H1B as Change of status again and if USCIS approves it, then you can withdraw pending B2.

If USCIS approves it as consular processing, then you will need to leave US and return.

3

Hello Anil,

Thank you for the quick reply,
But does consular processing mean that I need to get a new stamping at US consulate since all US consulate are closed every where. And with the new trump executive Order no New H1b stamping can be done till Dec 31 right?

4

Yes, your understanding is correct.

5

Even If there is a stamped H1b on the passport from previous employer which valid till sep 2021?

6

@abcd2020 Could you please provide an update on your status? I am about to go through the same thing soon, so your update will be helpful. Thanks.