H1 to H4 COS pending, file H1 transfer

[krothhe]

Hi,

 

I have been recently terminated by employer who holds my H1B until 2020. I am closing in on 60 day period and as a last resort wanted to move to H4 under my spouse. My question is once we kick off the COS and a later point in time (lets say 120 days after my earlier termination) I have a job offer willing to transfer my H1B, can I start working immediately on receipt or wait until the approval. 

The second question I have is what if my H1B is approved and before me withdrawing the COS, my COS to H4 gets approved. How will that impact me starting my work.

Appreciate any help you could offer.

Thanks!!

[pontevecchio]

In this scenario, you would leave and return with a H1 visa in case a H1 petition is approved.

[krothhe]

Hi pontevecchio.. thanks for responding. 

 

I am assuming your answer is for the second question. Please correct me if I am wrong?

1. Once we kick off the COS and a later point in time (lets say 120 days after my earlier termination) I have a job offer willing to transfer my H1B, can I start working immediately on receipt or wait until the approval. 

2. What if my H1B is approved and before me withdrawing the COS, my COS to H4 gets approved. How will that impact me starting my work

 

Thanks!!

[pontevecchio]

The answer is for both questions. File the COS to H4. Later on should you get a H1 petition approved by an employer, leave and return with the H1 visa 

[shekar11#]

On 8/12/2018 at 11:39 PM, krothhe said:

Hi,

 

I have been recently terminated by employer who holds my H1B until 2020. I am closing in on 60 day period and as a last resort wanted to move to H4 under my spouse. My question is once we kick off the COS and a later point in time (lets say 120 days after my earlier termination) I have a job offer willing to transfer my H1B, can I start working immediately on receipt or wait until the approval. 

The second question I have is what if my H1B is approved and before me withdrawing the COS, my COS to H4 gets approved. How will that impact me starting my work.

Appreciate any help you could offer.

Thanks!!

You cannot work on H-1 receipt once you applied for COS to H-4. You need to wait for the approval of your H-1.

Best option is once your new H-1 is approved go out of country and get stamped so that COS to H-4 is void.