H1B Job Loss - H4 Conversion or 60 days wait

Hi I have approved H1b until October 7th, 2019 and I lost my job (Last working day 07/19/2019) my question is below appreciate if you can answer me please:

  1. After 07/19/2019 do I be out of status or can i apply for H4 post 07/19 date?
  2. During the 60 days, wait period can i move to H4 since my wife is on H1b [Same as an above question] or do a new H1b transfer to another company?
  3. What other options I have beyond 60 days?

Appreciate if you can answer at your earliest convenience, please.

Hi @myaudi324

Sorry to hear about your job loss.

You can file H1B to H4 change of status application in these 60 days to continue staying in US.

H1B transfer should be filed on or before the 60th day to continue your H1B status after 60 days.

More information and options:

Anil thank you so much for your help. Highly appreciate it.

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Hi, Anil in regards to the original query i needed suggestion from you i have below questions, please.

  1. Within the 60 days like you said i can apply for H1b to H4 COS – But what if i apply for COS h4 today and i say i get the receipt number and within the 60 days or beyond if i get a new job can I easily do an H4 to H1 transfer with COS under progress?

Hi @myaudi324

You can file H1B but it will not be called H1B COS until your H4 has already been approved on the day of filing H1B.

Thanks, Anil so what if i do the COS to H4 asap and go to either Mexico or Canada or India and stamp my H4 and come back and apply for EAD will it works better n best you think ???

Hi @myaudi324

Yes, that’s a better approach. But, remember that H1B 60 day grace is only applicable till the time you don’t leave US.

Once you leave US, 60 day grace ends right there.

Thanks anil any idea which country has good H4 visa stamping rate is it Canada Mexico or India ??

H4 visa stamping is pretty safe anywhere. You can go anywhere as per your convenience.

Thank you for your response Anil.

Hi Anil have a question thought of asking this with you.

So currently i am serving the 60 days period and Company A would like to fetch me a project and that is close to getting into offer from the client however this is just a 4-5 Month contract.

Meanwhile as plan B i am looking for Full time or longer contract from Company B so between the 4-5 Month from Company A if get another long term offer from Company B then can i file another H1 thru Company B and upon receipt can i resign with Company A and go with Company B please?

What are my best options please ?

Hi @myaudi324

As long as you are able to maintain your H1B status by running H1B payroll, you can keep working in US irrespective of how many extensions, transfers or amendments you file.

Hi Anil quick question please well i working in the US for past 8 years and i have applied for my Green Card and have a approved i140 and still waiting as you are aware Indians have long long wait for their green card.

i might get it in the next 5 years or 15 year or 50 years cant predict… I am 35 years now and is there a option i can apply to a different country for PR because i applied for canada thru express entry and didnt get much points with my age given.

Please suggest.

Hi @myaudi324

Australia PR is a good option.

Anil hope you are doing good first of all thanks all for the information you have been providing i need few suggestions on few more things, please.

As you are aware of my job loss on H1b and my 60 days grace is very shortly coming to an end. And my wife works here on H1b so like you said earlier i could very well do COS before or within the 60th day to avoid out of the status issue.

Now here is my question: My wife has H1b valid until December 2019 and her employer has already filed for her extension so what if i file for my COS now and technically if it gets approved i would get until December based on the current validity of my spouse H1b.

But under the H4 conversion process what if my spouse visa gets her new approval to say for example until 12/2020 how does my current H4 gets validated ?

Per the above point discussion - What if my COS to H4 doesn’t come until the original validity of current H1b of my spouse (Until Dec 31 2019) will there be issues?

I was also thinking what if i travel back to India within a week or two and stamp my H4 from there how easy is it ?

When i was on my H1b i was a Business Systems Analyst and now when iam attending H4 interview will there be questions asked about my H1 and its technology or do i fall under the TAL (Technology alert list)?

Hi @myaudi324

You will need to file one more H4 extension if you get a short approval based on your wife’s current H1B.

Going out of US an get H4 visa stamp is much faster and better option. I suggest you go for it.

There are no questions about technology in H4 interview.

Thanks, Anil for your response below are the few stats from my previous email could you please suggest me.

Spouse H1B Approval Notice - Valid till 12/31/2019
Spouse H1B extension - Submitted to USCIS - Receipt received

Change of status to H4 for me using Spouse H1B approval notice 12/31/2019
Can i stay in the US until getting the response from USCIS ( if it goes beyond 12/31/2019 )- Will that 240 days stay included for COS H4 too?

Hi @myaudi324

H4 Dependent can stay in US as long as H1B can maintain the valid status. The 240 day rule applies to H4 too.

Thank you for your response Anil.

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Anil hope all well i had a continued question. Well, my 60 days of the grace period is about to end in two weeks and iam starting with the process of getting started to H4 so hopefully, my spouse company will apply 2-3 days before the 60 days grace period. So my question is what after applying H4 and i get a job is there a possibility we could pull back the H4 application from USCIS? Please suggest.