H1B transfer within 60 days once previous petition is revoked

USA H1B Visa
1

Hi Anil,

This is regarding a friend. His contract is complete with current employer and since there is no other project with the employer so they will proceed with termination of H1B petition. If I am not wrong then, as per USCIS he can still look for a new employment within next 60 days with a visa transfer to a new employer, correct me if I am wrong here.

My question is, if his petition is revoked by current employer then can a different a employer still file for H1B transfer as usual? He will not have payslips once his petition is revoked so I am not sure if he may be impacted in next 60 days.

Thank you.

2

Hi @Neel9999

Based on the limited information you have shared, you can file H1B transfer within 60 day grace period.

3

Thanks Anil for helping with my question.

So my wife is still on H1b and if she is not able to maintain her H1b status then she has the option to go back and get H4 stamped, since it will be more like a change of status so can she travel to Mexico for H4 stamping?

4

She can travel to Mexico for H4 Visa stamping.

5

Thanks a lot for helping with my queries. So if my spouse is applying for H4EAD and has to travel back to India before EAD gets approved then will that impact EAD approval?

6

Hi @Neel9999

I have explained the impact of travel while H4 EAD is under processing with USCIS here.