vishucool Posted June 9, 2020 Report Share Posted June 9, 2020 Hi, My wife was laid off on Apr 14 and her 60 days grace period ends on June 13. We live near San Francisco, CA Both she and I are on H1-B Visa. I have I-140 approved but she does not. We are applying for her H4 COS tomorrow (Jun 9) since she did not get another employer who is ready to file H1-B transfer. She will keep on looking for job opportunities and we would like to know the path forward, once she has a potential employer ready. 1. Once she is out of the 60 days grace period, what should be the ideal way to communicate future employers about her visa situation - is "she has filed for H4 COS within 60 days and is still eligible for H1-B transfer" good enough? FYI, she currently has 2.5 years left in her H1-B 2. Before her H4 COS is approved, if we get an employer who is willing to do H1 on Premium Processing (PP), will she be asked to go for consular processing? If yes, I have no idea how that would be possible right now since travel may not be possible due to COVID-19 restrictions 3. Before the H4 COS is approved, if we get an employer who is willing to do H1 on Premium Processing (PP), is there a way we could strategize her H1-B transfer which could be least hassle for us? 4. Could you please share where to find out what is the current processing time for H4 COS/H4 EAD? Thanks in advance for all your help Quote Link to comment
gopalakrishnach Posted June 9, 2020 Report Share Posted June 9, 2020 1. May be apply H4 and H4 EAD once they approve convert to H1B. I do not know whether you can apply H1B after 60 days. I guess you can work with potential petitioner at the time of H1B petition. Sorry we do not have much data and we are not data scientists and engineer to give exact time for H4 COS/H4 EAD processing. Please give yourself atleast 2 months time. Quote Link to comment
User099 Posted June 10, 2020 Report Share Posted June 10, 2020 1. Yes, that is good enough. 2. H4 will have to be approved for H1 to be approved with a I94. May be attorney's can provide some other process for getting a I94 and doing a consular processing. 3. check 2 4. USCIS should give the latest processing times for I539 for your location. Quote Link to comment
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