H1b to H4 during H1b grace period of 60 days

[Kiran Kushalad]

Hello,

My wife currently works here in US with a H1B visa and have been notified that she got laid off. Her employer told that her position will get laid off on July 15th, 2020. Her H1b grace period of 60 days ends on Sep 13th 2020. In the mean while, if she doesn't find another employer who can sponsor her H1B, we are planning to change to H4 dependent visa (I am working in US with a valid H1B visa). I have few questions regarding the H1B to H4 transfer process:

1) How many days least before her H1b grace period of 60 days (Sep 13th) ends we should apply for a I-539 form to change her visa status from H1B to H4 ?

2) Once we initiate H1b to H4 transfer immediately today, does her H1b 60 days  grace period get carried over?

3) What is the usual processing time for the transfer of H1B to H4?

4) On the contrary if she can find an new employer once after we applied for her change of status H4, can she also initiate H1b transfer to new employer? or Should we wait till her H1b to H4 application gets approved and then initiate H4 to H1b?

Your responses/suggestions are greatly appreciated.

[pontevecchio]

1. They say 45 days though I say 15 days before the grace period ends. Once she has the receipt, she can stay till approval.

2. NO

3. Many months.

4. Have her wait out 40 days or so of the grace period and if no H1 offer, she should file her COS to H4. Forget H1 for the time being.

[User099]

On 7/8/2020 at 8:27 PM, Kiran Kushalad said:

Hello,

My wife currently works here in US with a H1B visa and have been notified that she got laid off. Her employer told that her position will get laid off on July 15th, 2020. Her H1b grace period of 60 days ends on Sep 13th 2020. In the mean while, if she doesn't find another employer who can sponsor her H1B, we are planning to change to H4 dependent visa (I am working in US with a valid H1B visa). I have few questions regarding the H1B to H4 transfer process:

1) How many days least before her H1b grace period of 60 days (Sep 13th) ends we should apply for a I-539 form to change her visa status from H1B to H4 ?

2) Once we initiate H1b to H4 transfer immediately today, does her H1b 60 days  grace period get carried over?

3) What is the usual processing time for the transfer of H1B to H4?

4) On the contrary if she can find an new employer once after we applied for her change of status H4, can she also initiate H1b transfer to new employer? or Should we wait till her H1b to H4 application gets approved and then initiate H4 to H1b?

Your responses/suggestions are greatly appreciated.

Does she have a valid H1 visa on her passport?

[ak1982]

On 7/8/2020 at 5:27 PM, Kiran Kushalad said:

Hello,

My wife currently works here in US with a H1B visa and have been notified that she got laid off. Her employer told that her position will get laid off on July 15th, 2020. Her H1b grace period of 60 days ends on Sep 13th 2020. In the mean while, if she doesn't find another employer who can sponsor her H1B, we are planning to change to H4 dependent visa (I am working in US with a valid H1B visa). I have few questions regarding the H1B to H4 transfer process:

1) How many days least before her H1b grace period of 60 days (Sep 13th) ends we should apply for a I-539 form to change her visa status from H1B to H4 ?

2) Once we initiate H1b to H4 transfer immediately today, does her H1b 60 days  grace period get carried over?

3) What is the usual processing time for the transfer of H1B to H4?

4) On the contrary if she can find an new employer once after we applied for her change of status H4, can she also initiate H1b transfer to new employer? or Should we wait till her H1b to H4 application gets approved and then initiate H4 to H1b?

Your responses/suggestions are greatly appreciated.

So what did you end up doing? I am in a similar situation. Waiting on my h4 transfer (currently taking months) and I just found a new job who is willing to file for my h1-b transfer.