H1 furlough and transfer

Hello Anil,

I need your help.

I am on H1 and have been furloughed on April 1.
My employer has not revoked my H1 and is valid is till Sept-2022 with valid stamping and I-94 till sept-2022

I have a prospective employer who will onboard me in End June which means I will be outside of my grace period.

However my future employer mentioned to me that since my H1 is not revoked, at the time of my H1 transfer I can simply cross the border and come back to activate my H1. So for me applying for COS is not required to legally stay.

Kindly advise what is the bes path for me.
Thank you in advance.

I don’t understand your question as to what kind of COS you are talking about?

You are on H1B and filing H1B Transfer, then why is this COS even coming into picture?

Hello Anil,

Apologize for the confusion.

In my case since my H1 b is not revoked but I am not getting paid as it’s furlough so will 60 days grace period will be applicable for me, or If I find employer after 70 days I will simply transfer my H1.

If 60 days grace period is applicable then do you recommend me changing status to H4 from H1.

Thanks again

Furlough means unpaid leave. You are confusing and mixing multiple things.

If you are getting paid your H1B salary at normal rate but are sitting at home, you are fine.

60 days grace period only starts when Employer lays you off payroll.

Sorry about it.

Yes I have been placed on unpaid leave for 90 days.

Does it mean I will loose my H1 status after 60 days.


I have explained options here