H-1B transfer query and H4 COS (Online application help)

USA H4
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1

Hello,

My current status : H-1B with I-140 approved (I94 attached to I797 valid till Feb 2025)
Spouse status : H-1B (I94 attached to I797 valid till Sep 2022)

I have voluntarily resigned from my current employer (Company A) and my last working day is within a week (May 10th). I was planning to file H4 COS, however I have received a better opportunity from Company B in the interim and I have accepted their offer. Company B is in process of filing my H-1B in premium processing (LCA has been filed)

Considering above situation :

  1. Would Company B be able to file H-1B transfer ? Would 60 day grace period be valid here ? (H-1B filing would most certainly be after last employment date)
  2. Should I still go ahead and file for H4 COS ?

I checked the sample application here, but could not find example for my situation. While filing H4 COS online, I had doubts regarding below two questions since my I-140 is approved

Are you, or any other person included on the application, an applicant for an immigrant visa?

Has an immigrant petition EVER been filed for you or for any other person included in this application?

Do I have to select “Yes” for both considering my I-140 is approved ? It is also asking for explanation if “Yes” is selected. What explanation is expected here ?

Your assistance is greatly appreciated

2

If its after your employment end date, the new employer can still file it as ‘new employment’ under cap-exempt instead of ‘change of employer’ (aka transfer) petition within the 60 days period, no issues.

No need if your intent is to join company B on H1B.

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