URGENT: H1b extension pending;sudden layoff and COS options

Recommended Posts

Hello friends,

May I please ask for your help and advise on options that I may have in my situation as follows:

Situation:  I worked full time with employer A, and my approved H1b and I-94 expired on Jan 15, 2017. Employer A filed for my extension on Dec. 30th  in normal processing and the case is currently pending with USCIS. However,  In last week of Feb. this employer laid off all the employees on their H1B visa due to current instable political situation in country and their decision to let go all employees on their Visa. I have last pay stubs until Feb. and I'm now wondering what are my options.  The current extension filing is still in process but employer is not willing to convert it to premium processing. My original H1b started in Oct. 2012 and I have about year and half left in 6 year terms. 


1) Am I allowed to find a new employer and directly transfer h1b (as bridge application)  in Premium Processing within 60 days and start working with new employer on filing receipt or this is not an option since my I-94 has already expired on Jan. 15th? In that case what are my options ?

2)  Do I need to go to India for H1b visa stamping in order to join the new employer and get new I-94, is that an option for me?

3) Should I immediately transfer my status to H4 by visiting India and then enter US on H4 status? If I opt this option, Do I have an option to change visa status from H4 to H1 as cap exempt in future?  I'm still left with year and half on my 6 year h1b term and GC process is not yet started in my case.

4) Since the h1b extension case is still pending with USCIS, does this make me out of status immediately or do I get the 60 day period for COS?

Any help/suggestions are highly appreciated. Please help.

Link to comment
  • 2 years later...


This topic is now archived and is closed to further replies.