H1 to H4 Transfer process and issues - No Project?

Hello,

Due to Covid, My project at client location got scrapped and i was kept on bench by my current employer. Its been 3 weeks and couldn’t find the project. In worst case scenario, they will ask me to leave the country or move out(Resign). In this case they will terminate my H1 and i will have 60 days grace period? They will confirm and do this probably tomorrow.

Few questions: My wife is on H1B.

  1. In order to stay in this country - Once my company revoke/terminate my H1B, can i wait until 45 days and look for job and if i still didnt find any job - can i initiate H1 to H4 transfer?

  2. If at all i find another job and employer who can transfer my H1 - Is it easy process as my current H1 is revoked. I believe this is legally approved correct.

Any assistance and help would be greatly appreciated.

You can file H1B to H4 Change of status anytime within the 60 day grace period.

The H1B transfer can be filed using the earlier H1B petition as the base even if the employer revokes it.

Thanks sir and samething is applicable as well for H1 to H1 transfer correct within the 60 day grace period if i find new job or employer

Hi @anil_am22 - my 60 day grace time expired on 3/30/2021 and I applied for H 4 cos before completion of 60 day. Now because it’s going to take a long time to get it approved, can I go to Mexico and get H4 stamping done? Is there any downside to this?

You can visit Mexico for H4 visa stamp.

Thanks Anil @anil_am22!
Appreciate your helping people / continuing this forum during these really tough times!!

Couple of quick questions (related to going to Mexico for H1B-to-H4 visa stamping):
a) So it doesn’t matter if my H-1B to H4 COS is pending (current situation), I can still take a fresh appointment for H4 stamping in Mexico and get it stamped? (Yes or no)
Possible Benefits of doing this
b) Once I have the H4 stamped, it would help when a new employer files for H-1B cap exempt, it would be a COS and I would NOT have to leave the US. (Yes or no)
c) Also, it would be faster than the H1B Consular processing option which I will have to exercise if I have the H4 pending (current situation) (Yes or no)
d) Question - Is there a risk - can my visa be denied in Mexico?
e) Question - Is it okay to apply for H-1B COS in quick succession after you got your H4 stamping done in Mexico?

-Regards
Vinayak

You do not need H4 COS once you have got the H4 visa stamp in Mexico and then entered the US with H4 status.

You can file H4 to H1 COS in premium and get approval in 15 days.

There is always a risk of visa denial at any US embassy. Nobody can guess it but H4 is usually safe visa.