H1 Grace period


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I have been laid off my company on Jan30th and grace period of 60 days started on Feb1st. H1b is beyond 6 years and I-140 approved. I have been searching for a job since then and have been getting calls. Below are some of the options/ideas and which ones do u suggest.

1. File a COS application to H4 before grace period ends. What is the processing time period? Can I file both H4 and H4 EAD at the time?

2. Let's say beyond H1b grace period and while H4 COS is pending, if I find an employer who can sponsor H1 visa, can the employer file a H1b transfer ASAP or wait for H4 to complete processing and then file H1B transfer

3. Let's say beyond H1b grace period, H4 COS is approved, if I find an employer who can sponsor H1 visa, can the employer file an H1b transfer? Since I-140 is approved, I am exempt from h1b cap. is this a correct statement?

4. Can anyone shed light on consular H1B. Based on what I read, no need to file COS, once consular H1b is processed, then I need to go out of country, get it stamped and enter US. is this a correct statement? What are the pre-requisites for consular H1B?


Any other ideas and responses are appreciated.



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Best option is apply for H4 and H4 EAD ASAP and work with EAD. Why do  you want to be on H1 when you have the option of EAD?

If you file for H1 while H4 COS is pending, then the order in which they get approved will determine your status. If H4 gets approved after H1, then you will have to apply for H1 again or go for stamping and come back.

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1. COS to H4 would be the best bet. Is H4-EAD an option?

2. If the H1-B grace period is over, I think it would be best to change from H4 (after approval) to H1 to avoid complications.

3. Yes, Yes

4. These are 2 different things - If you want to remain in US and not worry about the grace period, COS to H4 is a safe option. If you are not COS to H4, then consular option would be best as you will need to go out of US and re-enter with new approved H1 petition and new visa(required only if visa has already expired)




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On 3/11/2020 at 12:14 AM, kiku83 said:


1. COS applications generally take 4-6 months to get a decision since no premium. You should be able to find the current wait times online.

2. The application that is last approved ( h1b or h4) is what your status will be. If you find an employer who files an h1 in premium then your h1 will be approved before your h4 ( assuming you file that now).

3. Yes, after your h4 cos is approved ( again, 4-6 months in the future) an employer can file for a change to h1b which would be cap exempt.

4. There are no prerequisites its the same process. Generally H1bs are requested to be extension of stay/ cos so you don’t have to leave the country for approval ( only if you need a visa foil for travel). The alternative is if extension of stay cant be granted then a consular h1b is gotten which requires approval from the consulate ( in addition to the visa foil). In consular h1b you’ll receive a i-797 b form instead of i-797a. I 797b doesn’t have a i-94 attached to it.

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