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GNV01

H1B status - Grace Period Situation

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I was laid off from my employer (say A) on January 24th and I found another job with employer (say B) during the 60 days Grace period and filed a H1B transfer on March 16th (8 days before grace period ends) in premium mode and received the receipt on March 20th (4 days before grace period ends). But the new employer B, due to to Covid19 situation, said they cannot proceed with employment but can help finish the H1B transfer process. On March 27th, I got an RFE which the new employer B told they can respond although they will revoke it as soon as its approved as there is no position open.

So my queries are:

  1. My wife is on H1B, so can I do a COS at this stage where I already completed grace period as of March 24th but I have a H1B transfer pending as of March 20th. 
  2. If the new employer B didn’t respond to RFE, can I meantime find another employer C who can do another H1B transfer? Will that be considered outside grace period or since I have h1b transfer receipt from employer B, am I considered in-status?
  3. If employer B responds to RFE and if it gets approved and if they immediately revoke it, will I get another 60 days grace period?
  4. If employer B didn’t respond to RFE and I get my COS filed and gets a receipt, will I be in-status? Can I still look for another employer who can sponsor? 

 

 

 

Edited by GVarma
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What is your I94 Expiry date?

I think the best option is to apply for a COS to H4 and don't worry about the H1 from B as its of no use if you don't have a job. It will be risky to proceed further on it.

Any employer can apply H1 for you if they have a valid job offer, but it will be in consular processing as you have used the 60 day grace period.

You will one 60 day grace period for one petition. 

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I-94 expiry is December 2020. If H1B transfer is in pending state , can I apply for a COS considering i used up my 60 days grace period? Does that matter or since im in-status with the employer B, Im good? Thanks!

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