I came to US in Oct 2015 on L1B with employer A.
H1B approved with Employer A in Aug 2018.
I140 approved in Mar 2019.
Employer A did COS from L1B to H1B. H1B approved with Dec 2021 expiry in Sep 2019. H4 approved with Dec 2021 expiry in Feb 2020.
Employer A laid me off and last day was end of Jan. COS was part of lay off process since I was with company for 12 years.
Got Employer B in Feb 2020 which is 60 days grace period.
Employer B will file H1B transfer in last week of Feb 2020. Since its 6 months contract role, there is possibility to get New H1B for 6 months (Till Aug 2020) though they will request for 3 years.
Considering above situation should I ask employer B to file for H4 transfer. I need to pay H4 transfer fees.
- Employer A will withdraw my H1B but current status unknown.
It depends on what status you want to be on. If you are going to be eligible for H4 EAD, you can ask your employer to apply for H4 COS and H4 EAD with a future date…You could technically apply for H1B with Employer B now, start working with them on H1B and once you get H4 and H4 EAD approved, then you move over to H4 EAD and can continue working on H4 EAD…this gives you more flexibility to find jobs…Of course, you need to be aware of the current H4 EAD situation with the Revoke rule too.. Discuss with your attorney at Employer B and take a decision.
H1B is for me and H4 is for my wife. She doesnot need EAD. We have H1B and H4 approved till December 2021 through employer A. I am laid off from employer A and they will withdraw my H1B (current status unknown). I got a new employer B who is going to file my H1B transfer. There is possibility of getting new H1B for six months (Till Aug 2020) since Clint letter will be for Six months. In this scenario, H4 transfer required ?
No need to apply for H4, if you have it valid. The H4 status is always tied to the H1B. Usually employers try to file all of them (H1B and H4, H4 EAD) together to have all the dates in sync…but, you don’t have to. Discuss with your Employer B attorney on this as well.