H1B layoff , should one go from H1B -> H4 COS and one find a job then H4->H1B or use 60 days

Hello Anil and Experts,

My spouse laid off from her permanent full time position last week(status is H1B).

We are thinking to find another employer in 60 day(grace period from USCIS) who can file H1B transfer petition(mostly desi consulting we can think off). Again this is kind of challenge to search, and get a position and file H1B

Or we should go from H1B → H4 COS. And while the H1B → COS in progress, and if she get an offer for a job , then go from H4 → H1B COS. And then withdraw the H1B → H4 COS

Thank you!

I would suggest filing H1B to H4 COS immediately and if you are able to find H1B employer within 60 days, apply for change of employer/transfer and once approved, send letter to USCIS to withdraw the H1B to H4 COS application.

If your spouse dont want to wait for long to change status to H4, she may as well fly to Mexico (tourist visa may be required), and enter back using your H1B I-797 and AVR and be able to change status to H4.

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