H1B transfer while waiting for approved extension I-797 copy

pd_2050

New Member
Hello,

My H1B extension was recently approved, yet to receive a copy of I-797.

I am currently working in EC model and my current project is ending soon. I have I-140 approved with 180 days criteria complete for the current employer. My current employer is looking for projects but no luck so far and they are asking me to be on unpaid leave for a month until I find another project with them. If I don’t find any project with them then I may need to return to my home country unless I do a COS to F1 or B2 since H4 is not an option for me. I am not sure if COS to F1 or B2 is recommended since my I-140 is approved. If it has future impacts on H1 transfer and GC process then I prefer returning back to home country at this point. Hence I would like some insights on the following -
  1. Is it legal/safe to be on unpaid leave with my current employer after current project is over?
  2. Will unpaid leave affect amendment if I find another project with my current employer or transfer in case of new employer?
  3. Meanwhile I also have a full-time offer with another company. The new employer was not ready to file transfer earlier unless extension approval was received. Hence, can transfer be initiated with the new employer at this point based on online approval notification of the extension or do I need to wait until a copy of I-797 is received?
  4. Is it safe to start working for the new employer on receipt or wait until transfer is successful? How soon can I join the new employer?
  5. What are the list of documents required for the transfer? I am asking because initiating transfer for the first time.
  6. Will my current employer know that I have started transfer?
  7. Will I fall into a 60 days grace period if my current employer revokes my current H1B after the project is over and transfer is pending?
  8. What is the impact of current executive orders for traveling to home country for stamping transfer with the new employer? Is it still restricted until the end of the year in case of transfer?
Any guidance is greatly appreciated.

Thank you!
 
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