Status change from H4EAD to H1b but waiting for rehire

My wife’s H4EAD expired on Jan 22nd 2020. She was working till Jan 22.

On Jan 21st her change of status to H1 got approved. H1b started on Jan 21.

But since her employer had not received approval notice in hand by Jan 22, they terminated her.

She is now on H1b visa and waiting for her employer to rehire her. Rehiring process is taking much longer than she expected.

If rehiring process drags on, how long does she have before she needs to leave US?

I am assuming since she was on H1b from Jan 21, this should be considered as “H1b employment terminated” therefore she should have 60 days to find new job or change status.

If that is true and she has 60 days to either leave US or find new job or change status, then can she rejoin same company which terminated her because only reason for termination was that they did not have her work permit (i.e. H1b Approval notice) in hand.

Hi @sk8486

Your wife can rejoin the same employer within 60 days of grace period. If she can’t join the employer and start payroll, then she should leave US on or before 60th day.

She can also file H1B transfer within 60 days if her i94 is still valid and can start working on transfer receipt.

Thank you Anil. Her job is going to start next week. We are planning to go to India in May. If we go to India, we will have to go for h1b stamping.

With that said, will my wife face any issues in stamping if we go in May. Can you please let me know. Thanks!

Hi @sk8486

Please ask specific questions about what kind of issues do you expect. Its not possible for me to give any meaningful answer to open ended questions.