I am currently in H1 visa and my visa extension (after 6 years) is in progress, I got it upgraded to premium processing yesterday. My i140 was approved 6 months back. Meanwhile my employer informed me that they would let go and not very sure what would be my last day. It would probably be the end of next week. I have an offer from another company, but they said they would file H1 transfer only after my extension is approved. Its quite possible that my extension does not get approved before next week. Also, its possible to receive an RFE after i am out of the job. In that case, I am thinking of these two options,
- Apply for a change of status to b1/b2 and then wait for the new employer to file H1
- Apply for a change of status to F-2 as a dependent to my wife who is on F-1 STEM OPT, and then wait for the new employer to file H1
But not sure if the new employer has to wait for the change of status petition to be approved before filing the H1 transfer petition. If they file in consular processing, that would also be a problem as I cannot go out of the country at the moment due to travel restrictions and US consulates being closed. What do you suggest? Are there any other risks by going with one of the above options?