H1B transfer after grace period, while H4 applied before grace period end


  1. Laid off April 26th
  2. 60th day: June 24th
  3. COS to H4 received by USCIS: On June 19th
  4. H1B (premium process) applied by the employer on June 27th, received by USCIS (July 1st) I should get the result by July 15th (Application sent on the 63rd day, received on the 66th day)

Other info: MS in CS, 8 Years Software Engineer experience. Same LCA code for last 4 H1B applications including current. New employer: small company first time sponsoring H1b, full-time direct hire position. I have approved I-140 in the year 2014:

Anil you already told me to wait for H1B approval, I am waiting for that.
Now I have a couple of questions.

  1. Employer’s lawyer not aware of H4 application, will that affect any H1B process?
  2. If I get RFE, for the company’s documentation is that okay to join assuming USCIS scanned my profile and it should be fine now?
  3. In case H1B get denied (I feel chances are very low), is that okay to stay in the country based on my pending H4 application?
  4. Is that okay to file another H1B application soon from now from a different employer?
    I may get a good job offer next week.

H4 COS status application Approval will affect your status in US based on which application gets approved first.

You should not join the new company until the H1B is approved. RFE is not approval.

You can stay in US based on your pending H4 COS application if H1B is denied.

You can file as many H1b transfer as you want.

H1b premium processing no response till today, about to complete 15 days.
Any idea, what they are doing?
Till now, I had 5 H1b applications since year 2012, all of them were in premium process, and never received RFE, this is the longest time I am waiting for the result.

Thanks @Anil_Gupta

Hi @jeta

Have patience. I can understand your situation but you can’t really do anything.

Neither do i have access to information about what they are doing with your application.

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@Anil_Gupta I got approval just now.
Thank you so much for the help.

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