H1B to H4-EAD COS in 60 day grace period, parallel H1b Transfer

Hello,

I currently have my H1B approved and stamped until April 2021. My last day of work was May 31st as my employer went out of business and had to close down the office.

I am currently under the 60 days grace period. Around mid-may, considering the urgency of the scenario, my husband’s(who has H1B and I-140 approved) firm applied for H4-EAD COS so that we do not waste time filing for the new status.

While reading various blogs, I realized that at the Vermont center, where my H4-EAD COS application has been sent, is taking 8-9 months for changing the status from H1B to H4.

My biometrics is also scheduled for June 28th. Since it is tentatively going to take so long for them to approve the COS, what are my best possible options as of now?

I have been working for 8 years on my H1B, and I have had my I-140 approved as of March 2018.

  1. should I leave the country and return with a H4 stamp and then reapply for EAD card? What happens to the H4-EAD COS application that is existing?

  2. Since I have the 60 days grace period, should I find a new employer and start with H1B process non-premium and start working on the receipt number as I am not considered out of status for 60 days?

In such a case can I have these 2 different applications, H4-EAD COS and H1B cap exempt or transfer simultaneously?
What happens if either gets approved before the other one?
Please help and thank you in advance.

Hi @nehaj

H4 stamping outside USA

Going out of US and getting H4 visa stamp is the fastest option for you to get on to H4. Once you are back, re-apply H4 EAD and you will get EAD card in about 3-4 months.

I have covered multiple scenarios of travel while H4 EAD is pending here.

Parallel H1B transfer

You can file an H1B transfer too while your H4 COS is pending but it will create status issues based on which one gets approved last.

If you want to stay on H1B, i suggest to file H1B transfer in Premium and start working on receipt.

If you are okay with H4 EAD, then go out and get H4 visa.

More scenarios for H1B 60 day grace period.

Hello Anil,

Thank you so much. I really appreciate it. My first option is to try find an employer to file H1B, since having an independent status is a safer option, but if unable to do so then definitely going out of the country and getting H4 stamp and reapplying for EAD is the next best option. Thanks once again.

1 Like
  1. During H1B visa transfer of jobs, If I get RFE (after 60days of my previous job termination), Can I still file H4 & H4EAD COS ?
  2. Can I file for H4 & H4EAD COS, and also look for H1B visa transfer jobs (during my 60 days grace period)and once I get H1B approved (premium) can I withdraw my H4 petition?

Background of my situation:
Currently, I am on a H1B work visa (Valid I-94 till Aug 21 2021), Last day of my employment July 31st 2020 (1st day of 60 days timeline starts Aug 1st 2020).My Spouse H1B visa&I-94 is valid till Dec 2021 & I-140 approved in 2016, also my I-140 approved in 2016.

For stay on H1B scenario: H1B transfer in premium with H4 COS also in progress( both filed in 60 days grace period), and IF H1B premium got approved , then can I withdraw H4 COS ?

You can withdraw H4 COS but chances are high that USCIS will wait for H4 approval first.

Ok thanks got it, Also can employee pay for premium processing h1b (check or direct deposit)? or employer has to be the one paying and employee can’t pay it?.

Hi,

I am in a tricky situation and need help.

I am on H1B visa (797 & visa stamp on pspt) valid until 07/18/2021 with I-140 approved in EB2 and due to COVID have been laid off. My last date was 08/01/2020 and 60 day grace period ended on 09/30/2020.

I have filed for H4 EAD on 07/11/2020 in Texas Service Center and is currently both in pending status.

I have received offer and was looking for options to come back on H1B transfer using Premium processing.

Option1 – H4 COS to H1 with Premium processing

  • Will it be possible to file this option in premium processing with H4 EAD in pending status ?
  • Are their chances that H1B transfer application will get an RFE because H4 is in pending status?

Option2 – H1B transfer with Consular processing

  • Will it be possible to file for H1B consular processing in Premium?
  • Since I have H1B visa stamped and is valid until 07/18/2021 will it be possible to leave the US and go to Mexico and come back with new H1B visa or do I need to go back to India and get visa stamped with new H1B visa and then reenter US. Is there risk involved if go to Mexico for a single day and try to come back with new H1B?

Kindly note that we are planning to submit i485 in Oct 2020 with EAD and AP through my wife’s employer in EB3 category as well , so does leaving the country involve any issue to pending H4, EAD + i485, EAD & AP applications.

Thanks

I need some help with my options to transfer my visa from pending H4 COS to H1-B.

I was previously on H1-B visa but due to my layoff on May 05 2020 I had to file for an H4 dependent visa on my wife’s H1-B. My wife’s employer filed for my H4 within the 60 day grace period with received date of June 26th. I currently have a valid H1-B visa until Oct 2022, however since my H4 application is pending for approval with USCIS, what options do I have to transfer my visa from H4 to H1-B?

I previously had a new employer retract an offer as they were unable to transfer from pending H4 application. I have another offer coming up, so looking for some guidance.

Hi,
I hope you are doing well.
Finally, what option did you go with and how did you get it resolved? I am also in the same boat. Thanks in advance.