Urgent - H1b transfer during 60 days grace period


Ak08

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Posted

Hello All,

I would like your opinion / guidance on our scenario.

Timeline,

  1. CAP H1b Filed in Apr 2018 ( H4 to H1b)
  2. H4 and EAD extensions applied in Sep 2018
  3. H4 and EAD expired in Oct 2018
  4. Put on temporary hold since no work authorization
  5. H1B Approved in Feb 2019
  6. Laid off right at the same time as the company could not wait tht long and the position was back filled.

Questions,

  1. Never started working on H1b. Is my current status H1b or Pending H4 ?
  2. My understanding is its H1b and I am in the 60 days grace period. I have a job lined up, if they file for H1b tranfer, since I dont have a paystub from last job, will the H1b get approved ?
  3. Are my H4 and EAD extension applications  still valid ?
  4. If  I travel outside the country, will the H4 and EAD extension applications be voided ?

Really appreciate your feedback as we are having a hard time understanding our situation.

Thanks in advance !

Posted

You are on H1b status and you can not do H1b transfer as you have not worked on that H1b. 

The best option is to leave country and get H4 stamped and come back. 

 

Posted

Thanks a lot for your response.

What happens to the H4 and EAD extensions which are still showing pending with USCIS ? Can't I use them to get my H4 approved ?

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