H1B RFE - Layoff

I have been laid off on H1B RFE currently. My Timeline as below

  1. Nov 2020 → H1B Terminated due to contract end (with 60 days extension)
  2. Dec 2020 → Filled H1B to H4 I539 on Spouse H1B and valid till March 2021 - Currently Pending status
  3. Jan 2021 - Spouse Renewed H1B Valid till 2024
  4. Feb 2021-> Myself Found Job - Employer willing to Do H1B Transfer (Applied for H4 - H1B ( Visa ))
  5. April 2021 - Got H1B RFE (Reason Pending H4 status with USCIS for application from Dec 2020 )
  6. May 2021 - Got Laid off

My questions are the following.

  1. What status I am currently in above scenario .
  2. Do I get a 60 days grace period before I have to apply for another I539 from H1B - H4.
  3. Do I need to apply for adjustment of status based on current H1B or Extension of Stay on the H4 which I applied for in Dec 2020.

Please advise.

You are in COS pending status because your H4 COS is still pending.

You are still not in H1B status as your H1B adjudication is pending RFE, right? Unless you are approved for H1B and in H1B status, how do you apply for COS from H1B to H4?

May be I am confused here. You said you got an RFE for your COS from H4 to H1B. Now you are saying ‘current H1B’, please clarify if your H1B was approved?

Hi Kalpesh,

This is my timeline

H4->H1B(Approved->H4(Pending)->H1B(RFE)->H4(Need to Apply)

Thanks for your response. Yes I got RFE for COS from H4 to H1B. I was trying to mean the H1B which was approved earlier.

The I-94 for the H1B approved earlier will automatically deemed expired after 60 days of grace period after you lose your job.

You most probably should get an RFE with your still pending H4 extension as you had submitted your spouse’s H1B which was valid till March 2021 and has already expired. USCIS will ask you to submit the current/new copy of I-797 for your spouse to adjudicate your H4.

You may want to apply for H4 EAD using your spouse’s new I-797, the receipt of your H4 COS application and a cover letter stating that your H4 application is pending with USCIS.

Note that USCIS is taking several months to adjudicate H4/EAD applications.