Urgent - Need help on filing H4 during H1B grace period

USA H1B
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1

Hello Anil, Hope you are doing great!

Here is my scenario - Affected by a layoff at the company, and the grace period ends on Sept 16th. Got an offer and a new employer is transferring my H1B, they applied for LCA, and mentioned they would be able to file H1B (I-129) by the grace period end time. Since there isn’t enough time for approval before grace period, i have some questions on my legal stay if the decision go in different direction.

  • What happens if the H1b transfer gets denied, Would i get fresh 60 days of grace period? What are my options to stay back in the USA after the grace period in this case?
    • Should i need to go back to India and get H4 from India?
  • My spouse has an H1B too. Can we apply for H4 in parallel and withdraw it after H1B is approved? Would there be any consequences for H1B if we follow this process? Would this be safe option in the case of H1B denial?

When I asked about filing H4, the employer mentioned not to do this during H1B transfer. Can you clarify the above questions, please?

2

There is only one grace period allowed per H1B instance. So, you won’t get another one if the H1B transfer is denied.

I also believe that one should not file H4 if H1B transfer is pending.

I am afraid you will need to exit US if transfer is denied. At that point, you can apply for H4 based on your spouse’s H1B.

3

Thanks, Anil, for the response. I am just rephrasing my understanding here. H4 cannot be applied while H1B transfer is in progress, meaning H4 can be applied before my employer files for H1B (i-129)? once we receive H4 receipt notice, can my employer file for H1B COS from H4 pending?

4

Also, i am bit skeptical about the timeline as well. Not sure how does the current process work.

  • LCA was filed on Monday 25th August. Can we expect it be approved by this weekend or need to wait until 10 business days, which is Sept 9th.
  • Can the employer start documenting for i-129 while LCA is in progress? and how soon can i129 be filed if the LCA is approved ?