H1b to H4(pending approval) to H1B

Sudha-22

New Member
Hi,
I was on H1B and was laid off in May due to the pandemic. My H1B is valid until Sept 2021. I applied for a change of status to H4 and the receipt date is June 24. I received an offer from a company that is willing to transfer my H1B. Below are the questions I have about my visa status:
  1. My H4 visa is still under process, can my new employer apply for an H1B transfer at this time?
  2. If yes, can it be a standard H1B transfer or do they need to file for a consular H1B with a change of status application?
  3. If H1B needs to be filed with consular processing, do I have any options to start working without visiting other countries for a visa stamp in the current COVID situation?
  4. Is there an option to withdraw my H4 application and then file for an H1B transfer? If yes, what would be my current visa status until H1 gets approved since the 60 day grace period on my H1B is completed?
Thank you in advance for your response.
 
  1. Your new employer cannot apply for an "H-1B transfer" because you are no longer maintaining H-1B status. Your new employer can apply for an H-1B change of status, but it will be held for adjudication until the H-4 change of status is approved. This is because, if the H-4 is not approved, then you have no valid status to change from, therefore cannot change to H-1B. Therefore, if you pursue this path, you may have to wait several months before you can regain H-1B status.
  2. A consular processing petition is also a possibility. When you leave the US, the H-4 COS will be deemed abandoned and you will be able to re-enter in H-1B status after stamping. If you already have an H-1B visa stamp that will remain valid during your travel, there is no need to obtain another one. If you don't have a valid visa, you are likely to face difficulties in obtaining a consular appointment due to the closures, and even appointments already booked can be cancelled by the consulates on short notice. So I would not recommend this route for the time being.
  3. I don't think there are any faster options unfortunately.
  4. See #1
 
@wagecuck3 Thank you for your response. I have an H1B visa stamp and if I do the consular processing now(with pending H4 application), should I just go out of the country and come back for the updated I-94 or should I do the dropbox?
 
You don't need to use a dropbox because you don't need a new stamp if your existing stamp is unexpired. You should present your current stamp at the port of entry together with the approval notice for the new petition.
 
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