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H1B: Out of Status for 1 and ½ months and found a new employer

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I am on my 9th year H1B, based on I-140 approval. Got laid off and I am past the 60 days grace period and 1 and ½ months out of status. I found and a new employer who has started the transfer process. I am couple of questions:

1.       What are my chances of getting a H1B transfer since I am 1 and ½ months out of status. What kind of a problem will I face?

2.       Has the premium process resumed?

3.       My wife’s (on H4) and my I-94 expires February 04 2018. In case if my H1 gets approved before my I-94 expiration, I have to leave the country immediately and get visa stamped. So I was wondering instead of applying extension for my wife while we are here, can I get extension and visa stamped at the consulate. By that way I can save some money. Its like getting a H4 visa for the first time. Hope I made the point clear.

I appreciate any response.

Thank you


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If your H1 is approved, it will most likely be without an I94. You will have to leave and return with the visa if you get the H1 approved. Your spouse will need to get a H4 visa at the same time and return with you in H4 status. Ask the new company about PP which does seem to be back.

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It looks like I am in exactly like your situation. Can we get in touch? Please share your email address or send me an email which is in profile.

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At the rate the country is headed to, we can be in H1 for 20 year, nobody would give a damn. I dont know why you would stay past 60 days. IF extension gets approved, be prepared for a good reason. Out of status past 60 days will not be taken lightly. Consult with your attorney and Murthy attorneys as well.

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