H-1B COS or Consular Processing, H4 COS Pending

Hello everyone,

I think this question may have been asked before but I’m just trying to find out the latest information as some of the posts are not up-to-date (as of Jun 2021).

I was laid off from my job on Mar 05, 2021 with my i-94 and H-1B expiring on Apr 3, 2021, as did my visa stamp in my passport. I filed for H4 COS (first time filing H4) on Mar 31,2021 to remain in status. My H4 is still pending and I haven’t received any invitation for biometrics.

Now, I have a job offer and have the following questions:

  1. Is there way to expedite my H4 application?
  2. Can I have the employer file for H-1B COS on a pending H4 application?
  3. If not COS, should I opt for Consular Processing for H-1B?
  4. If I do #2, do I need to withdraw my H4 application?
  5. If H-1B Consular Processing get approved (no reason why it shouldn’t), where can I reasonbly go for a Visa Stamp, given the current COVID situation around the globe. I am not really a front-line or emergency worker. Are regular appointments even an option? (Not emergency ones).

I realize this is not a forum for ‘legal advice’ but I’m just wondering if others have been in a similar situation recently (after India COVID downfall), what their actions were and what was their experience like?

I do appreciate everyone’s time and input. Hopefully, this post will be helpful to many people!

Thank you!

Just bumping this for visibility. Sharing your experiences will greatly help this community!

Unfortunately not much you can do unless you qualify for any of the expedite reasons in the below link

Yes, however most probably USCIS will send RFE asking for the status you were in when you filed COS. There are similar cases if you search this forum and the users have documented their experiences.

This is your choice. Just follow the advice of your employer’s attorney. Consular processing may also get delayed based on where you go for stamping and the travel bans.

You can send a withdrawal letter as soon as your H1B is approved.

This is a difficult question to answer. Check if Mexico or Canada are open and have dates for H1B stamping. If you are from India, it is not recommended at this point as there is travel ban (unless you travel to 3rd country, stay over for 14 days and then enter the US) and consulate only taking emergency appointments.

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