H1b to H4 COS question


PokerFace

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Hi, 

I lost my job last month, I was on h1b (i140 approved). It has been 5 weeks and I don't think I'll get an offer before 60 days grace period ends. I think going on H4 (my wife has a valid H1b) until I find a job is the right move. Here are my questions -

1) If I file a COS here in US it can take around 4-5 months, what happens if I get a job offer during that time period? Can I still go on and file H1b transfer or do I have to wait till h4 COS is complete? 

2) Quickest way to do h1b to h4 change is fly to India (I checked last night and Kolkata has stamping dates within 25 days)  and do the stamping. Are there any complications in that process? 

3) My last day the the job was 20th April, but the last pay-stub has April 28th date. Which date is considered when counting the grace period? 

 

Thanks for the help. 

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2 hours ago, pontevecchio said:

1. If you get an offer and if PP is available, have them file with PP and leave and return with the H1 visa thus nullifying THE cos.

2. None if your spouse is in VALID H1 STATUS.

3. Not an issue.

Thanks for the response. What do you mean by if PP is available? 

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i was in a similar situation where in my H1B amendment was declined. My lawyer suggested me to get H4-EAD (based on my my wife's approved H1 & 140). I crossed the border by road and went to Mexico, came back within minutes and asked the CBP officer to give me H4 status. They took me to a room, called my name (within 3 minutes) and then stamped my passport with H4 status, they just looked at my wife's H1B approval notice. This is called the AVR rule (google it)

Depending on where you are living in US, you can always travel to Canada or Mexico to have this done. Will save you a trip and $$. Good luck

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Hi toobrown,

Very interesting. Never thought there is such a way.Looks like a great idea.Did your attorney suggested that? Googled it and got to know few details.Can we do that for H1 B stamping as well, instead of going to India? Are there any restrictions? 

For example,I am planning to withdraw H1 to H4 COS.If for any reason they still approve H1 to H4 COS, can I go to Mexico using AVR rule and come back with H1 stamping by showing my approved H1B petition? My passport has an expired H1B vis as tamping.

Would like to talk to you on phone once, if you don;t mind. That will really help me a lot in my situation.

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  • 1 month later...
On 6/5/2018 at 8:40 AM, toobrown said:

i was in a similar situation where in my H1B amendment was declined. My lawyer suggested me to get H4-EAD (based on my my wife's approved H1 & 140). I crossed the border by road and went to Mexico, came back within minutes and asked the CBP officer to give me H4 status. They took me to a room, called my name (within 3 minutes) and then stamped my passport with H4 status, they just looked at my wife's H1B approval notice. This is called the AVR rule (google it)

Depending on where you are living in US, you can always travel to Canada or Mexico to have this done. Will save you a trip and $$. Good luck

Holy **** dude! I read this after I came to India, this would have saved me so much time. Thanks for the tip though, I'll keep this in mind for future. Cheers!

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