H1 transfer after grace period

[fhr132]

Hello everyone,

I needed some advice based on my current situation. I was working in the US on a valid H1-B visa. Due to the current pandemic, my employment was terminated and I have been looking for other opportunities. My 60 day grace period has expired. However, due to the non-availability of flights I couldn't exit the US and I applied for a change of status to B1/B2 visa before my grace period ended. That petition is pending currently with the USCIS.

Wanted inputs on the best course of action for me to transition back to an H1-B visa if & when I find a new employer and to start working as soon as possible. These are some additional facts that may help:

• I have a valid visa with my previous employer(till the end of 2021) that has been stamped. Based on my discussions with an immigration attorney, my understanding is that I should be able to start working if an H1 petition is filed via consular processing. I would need to use my old visa stamp and the approval that I get from my new H-1 petition to step out of the country and back in. This is to ensure that my I-94 record gets updated. Can someone please confirm if this is the best option for me?
• Will the fact that I have a B1/B2 petition pending cause any problems - either during the petition approval process OR at the port of entry? If so, what is the best way to deal with this?
• Any other inputs on potential problems that I must be prepared for would also be really helpful.

Thank you!

[R78]

1. If you are still in the US, you can continue to stay & look for another job since you have already applied for COS to B1/B2. The COS could take several months.
If you find another job, then your existing H1 can be used for the new employer. However, the H1 paperwork must be filed and approved (I-797) before you start working. It is best to go with the premium processing route.
If you receive the I-797 approval with I-94 attached to it, you can start working immediately.
If you receive the I-797 approval without I-94 attached to it, you will need to leave the country within 10 days and re-enter. Since you have a valid visa, you can try to get a new I-94 at the Canada or Mexico border.

2. No, pending B1/B2 won't cause any issues. When the H1 transfer is filed, it will supersede the B1/B2 request. Make sure your attorney knows that you filed for B1/B2.

[fhr132]

Thank you for the response, R78. That was helpful!

Had a quick follow up - I found a new opportunity and my new employer is filing for an H1-B COS which would take effect from 8/31. I have also informed them about my pending B-1 petition. When I filed the B-1 petition, I had requested for an extension of status till 8/25. Wanted to check if this would cause any potential problems since the H1-B COS will take effect only from 8/31.

There has been no movement on the B-1 petition as of today and this would most likely be the case till my H1-B petition is filed.

[R78]

You need to make sure that the H1 is filed and received by the USCIS before 8/25. So plan on sending the documents accordingly