H4COS pending, H1B transfer filed beyond 60 day Grace period

My timeline is below
OCT 15 - H4COS filed online, received receipt no.
DEC 15 - Last working date on H1B
FEB 15 - 60 Grace period ends
FEB 16 or later - H1B transfer application received by USCIS

  • Will my H1B transfer be denied as it was filed beyond the 60 day grace period ? Am I going to accrue unlawful presence / be out of status ?
  • Will my pending H4COS consider me to be ‘in status’ when the H1B transfer is received by USCIS beyond the 60 day grace period.

H1B validity was from 2018 to Oct 2021
I94 valid till Oct 2021
I140 approved since 2017.

Any info will be helpful.

Hi Protyush - Did you get a response on this question / situation? Please share your thoughts here in the forum or privately. I am in similar boat and struggling to find the accurate answer.

Anil - Could you please respond to this query specifically… It will be very helpful.

@vinaw - I uploaded a withdrawal letter on FEB 26 in the MYUSCIS.GOV portal. My H1B transfer was filed in regular and was received on FEB 16. In order to not have any complication later with the H1B transfer, I requested the H4 withdrawal.
As of today, APR 8, my H1B transfer is going through an RFE for Speciality Occupation, which will be responded to along with a premium processing request.

Hope this helps you in your case to have some ideas.

Couple of questions @Protyush_Banerjee :

  1. So one day later than your 60 day grace period was ‘okay’ for H1B transfer? and that’s why you requested H1B transfer? I am asking to understand because in my case it’s been more than 10 days (60 day expired on March 30) so I think now it’s too late for H1B transfer. I will on severance for a few months but shouldn’t matter I think (nt sure)
  2. What’s your status now? Are you able to work with the new employer while H1B transfer is in process (responding to RFE, etc.)?
    I have a meeting with a prospective employer tomorrow and wondering how to handle the H1B sponsorship conversation. @anil_am22 Please if you could help out and guide on what are my considerations/ requirements in this situation and approximately how much time it might take for the new employer to source a H1B (consulate processing) for me.
    Thank you both!!

My application was received on the 60th day of grace period. The offer was received well before that and LCA too wad filed and approved before 60th day.
I started work on receipt (risky I know, but did not options). My H1B stamp from previous employer is valid till OCT2021.
Severance does not count .
Max to max I can foresee an H1B approval with a request for consular processing. You may be eligible for interview waiver if you have a stamp that not expired.
But if possible speak to the prospective employer to file in premium, get a decision quickly and then plan the next course of action. I feel you will be OK even with the 10 day gap after the 60th day grace period. (That’s optimistic wishful thinking, but do update here for other forum users what happens )

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