H1-B and I-94 expiring

[pd_2050]

Hello,

My H1-B is expiring on June 30, 2020 and I-94 on July 10, 2020. I've a approved I-140 (notice date - Jul 2019 - 180 days are complete) and 6 year max out is Sep 2021. I currently work in employer-client model and my current project is likely ending on June 30th. Given the current COVID situation if my employer is unable to find another project or if I am unable to find another job before June 30th, I have the following questions - 

1. Will I run out of status after June 30th if H1 extension or transfer is not filed?
2. Do I get a 60 days grace period to switch to another project or employer after June 30th or will I run out of status? 
3. If my extension is filed and in progress before June 30th, however if the current project ends then will the extension that is filed by the current employer become invalid?
4. How soon will I have to return to my home country or can I switch to any other visa type like B2? 

Any guidance is much appreciated. 

Thank you in advance!

[gopalakrishnach]

1. You have to file new H1B petition within 60 days or i94 expiry which ever comes first if you want to stay in USA. If you file after I94 expiry I guess you need to leave country.

2. After I94 expiry I feel you have to leave USA.

3. If your current project ends and you get RFE regarding that your employer cannot answer RFE. Your employer/attorney must handle that. They can advice you.

4. B2 you can switch being in USA. After I94 expiry you need to leave ASAP if you do not have any pending petition with USCIS.

[User099]

1. Yes

2. You only get till I94 expiry date in your case.

3. How will you should availability of work after June 30 if your Job is ending on June 30th. Most likely it will result in a RFE asking for availability of work.

4. Return before I94 expiry date or Switch to B2 before I94 expiry. 

 

[pd_2050]

Thank you @gopalakrishnach and @User099 for your replies. 

I have follow-up questions,

1. If I am working under same employer, do I get 240 days grace period while H1 extension is is process? 
2. Am I allowed to apply for COS to B2 while H1 extension is in process and I-94 is expired?

Thanks in advance for your help. 

[gopalakrishnach]

1. I guess yes. If H1B petition is submitted before I94 expiry.

2. I am not sure whether it is allowed after I94 expiry. Before I am sure you can.

[User099]

On 5/6/2020 at 10:31 PM, pd_2050 said:

Thank you @gopalakrishnach and @User099 for your replies. 

I have follow-up questions,

1. If I am working under same employer, do I get 240 days grace period while H1 extension is is process? 
2. Am I allowed to apply for COS to B2 while H1 extension is in process and I-94 is expired?

Thanks in advance for your help. 

Yes, you will can work for 240 days if the extention is from the current employer. For that you need to have a job.

In current situation with all the travel restrictions, I think you can do this by filing a NPT.