H1b to H4 COS

[RoshanS]

Hi
My husband recently laid off on H1b (his 60 day grace period is ending on August 25th). We are planning to file H4 COS for him (with my H1b).  Considering this scenario, I have few queries:
1.  Can he travel to Mexico/Canada for H4 visa stamping (once they open emabassy after December) after his 60-days grace period is over or he has to wait in US for his COS approval.
2. What will be his status from last day of 60-days grace period to when he gets visa stamping (considering case 1).

3. Can he bridge/apply for another H1b visa transfer even his H4 COS is pending, considering he gets a job in another one or two months.

[nik125]

#1 he do not need to wait for COS approval. He can go anytime assuming consulate are open and allowing h4 appointments. Just be cautious about travelling these days.

#2 He wont have any status but he will be in period of authorized stay until H1 to H4 COS gets approved or until he gets h4 stamping whatever occurs first.

#3. He can apply but it wont called H1 tansfer because he is not in h1 status or h4 status. he is in period of authorized stay so for new H1 petition to approve first H1b to H4 COS status must get approved.  you should consult attorney regarding same.

[gopalakrishnach]

1. I feel he can get visa stamped in Mexico/Canada. Mexico do not first time H stamping.

2. After 60 days he needs to have H petition with USCIS else he will be out of status.

3. Yes but I feel H4 COS will be processed first since H1B petition will be applied after 60 days. I maybe wrong.