H1 layoff applied h4 now join company on h1 receipt help needed

Hello Community,

I was on H1B and got laid off in Dec. I tried to find job but before 60 days I was not able to get the desired position. Hence I applied for H4 and H4-EAD. I received receipt for both application. However it looks like it will take 3 - 5 more months for it to be approved based on tracker.

I received offer from startup company and I am excited to join them. They are ready to start my H1b process and asking me to join on receipt. current H1B wait time is 7 month because of suspension of premium processing as well as Covid-19.

My question is

  1. What is my current status ? I have on H1 or H4?
  2. Is is ok to start on receipt?
  3. what happens if my H1B is denied. (Can I go back to H4 immediately? )

Sorry to hear.
Yes, it takes time.

  1. You do not have legal status now. You are in period of authorized stay.. The reason is, you do not have a decision on your H4 and your H1B ended in December. Think of this as bridge.
  2. Personally, I would not recommend it. The simple reason is, if something goes wrong with H1B and you get denial, then you would be in trouble. As there is no premium, it is a hard decision.
  3. No, it does not work like that. Once your status is denied, then you need to exit the country.
    I suggest you discuss with an attorney, if you plan to join and understand the implications before you start working…Not trying to scare you, trying to be extra cautious as you could jeopardise your status.
    Talk to an attorney. Do update your decision here after discussion for community benefit.