H1B transfer while H4EAD COS pending, valid I94

Hello - I read through the various threads but couldn’t find information related to my scenario hence this question.

Background :
I am an H1-B employee.

I was laid off on 7/14 (so the 60-day grace period is till 9/12).

Found another employer who will be applying for H1-B transfer but may not be able to do it before end of 60-day grace period i.e. 9/12.

Planning to apply for H4-EAD (based on spouse’s H1-B) before 9/12.
My I-94 (on the latest I-797A) expires in Jan 2021.

If new employer files for H1-B transfer before expiry of I-94, can I start work with them based on receipt of H1-B transfer papers?

If yes, is writing a letter of H4EAD withdrawal to the USCIS and certified mailing it to them a recommended approach to avoid further processing of H4EAD status?

If no, what do I have to do to start work with the new employer ASAP and discontinue by H4EAD application?


Your H1B transfer should be approved to start working if you file the transfer after H1B 60 days grace is over.