I hold an H1B visa as a foreign national. Following my departure from my previous employer on May 01, I have submitted an application for a Change of Status (COS) to F2, as my spouse is on F1-OPT. Currently, my COS-F2 application is awaiting a decision from USCIS. I have received a job offer from a potential employer who is willing to initiate the H1B petition process(premium processing) to facilitate my transfer from my previous employer.
I’m interested in understanding whether I should provide my prospective employer with information regarding my COS-F2 application?
Additionally, I would like to know if my new employer needs to include details about my COS-F2 application when filing the H1B I-129 petition?
Would USCIS automatically give precedence to the H1B petition over COS-F2? or do I need to leave the USA and get a new visa stamped and return back to the USA?
Yes, you need to talk to their immigration lawyer and make them aware that you have a COS application pending.
Your H1B employer can file H1B petition with COS from F2 to H1B and can mention in the supplement that F2 is pending. USCIS may in this case approve H1B to F2 COS first and then approve the H1B petition with COS from F2 to H1B.
Technically you dont qualify for H1B change of employer petition aka transfer as you are past the 60 days grace period after your H1B employment was terminated.
If USCIS do not approve F2 first, they may end up approving the H1B witj consular processing meaning you will need to go for stamping.
Make sure you discuss with your new employer and their immigration lawyer.
Thank you. If USCIS approves the H1B with consular processing, would I be qualified for a Dropbox appointment? Since my existing stamp is valid until Aug 2024 (granted in Dec 2021)
IW aka dropbox is at consulate discretion, but may be eligible.