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H1B employer change during H4 attending consulate for visa stamp (Dropbox)

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  • H1B employer change during H4 attending consulate for visa stamp (Dropbox)

    I am a H1B primary holder and trying to change my employer due to lay-off from my current company on 03-Jun-2022. Before I knew about my layoff (1 day difference), my family travelled to India for vacation, and they had a visa appointment on 23-Jun-2022 (Dropbox). The DS160 contained all my laid off employee's documents, visa, i797 etc. and old employment letters. Lay-off day, I realized and explained to my employer about my family's India visit and consulate appointment and requested the latest employment letter without an end date, but they denied, and they provided an experience letter with the Start date and End date (Instead of an employment letter). One thing is they have provided the latest pay stub till 15-Jun-2022 though I already laid off on 03-Jun-2022 (They paid two more weeks additionally).

    In this regard, I have the following questions.

    1. What would be the max grace period for the H1B to stay in the US without a job (Pay stubs)? When does the actual grace period countdown start? Whether on actual layoff day (Jun 3rd) or till the last pay stub (jun15th)?

    2. Trying to reschedule H4 (only my family there in India now) consulate appointments from June '23rd to Aug' 2022 but not getting (still trying). If I wont get what would be the best approach?
    A) Cancel appointment - The next appointment showing next year2023. My kids lose their School and I lose the consulate fee.
    B) Go with the existing seducement (23-Jun-2022 drop box) - We have latest pay stub till Jun'15 2022 but employment letter is 7 months old
    C) If can reschedule to Aug '2022 (since return flight is on 31-Aug-2022) - How to update DS160 ? Someone suggested to me that we can create one more DS160 after getting the job and call the USCIS call center to update new DS160 details into an appointment?

    3. If H4 visits the consulate as it is on Jun '23 with an old employment letter, if the officer raises the concern will that impact anything to me (H1B holder) in reducing the grace period of US stay?

    4. In my current job search, I have another option to go back to my old employer (consulting firm) who has not revoked my H1B and I140 (still valid). Will it again require an H1B transfer or amendment? Also, if my H4 luckily gets an approval on the existing H1B visa (on the lay-off company). Will it require H4 to again go for the extension based on my new H1B transfer?

    Thanks.
    Last edited by chanduchaithu; 06-15-2022, 01:58 AM. Reason: Made short.

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