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H1B transfer when COS to F2 is pending
Hi,
I was in H1B status and got laid off in Sep 1. To maintain my legal status, I filed a COS to F2 before I left. Then I found a job in Oct 1. The company has started working on my new H1B application, but may take some time.
At meantime, my wife's H1B became effective on Oct 1. Her F1 status might be gone, but my F2 COS is still pending. I have asked the attorney of my wife's company to file a COS to H4, but was told it might cause additional complexity.
I have a valid H1B visa stamp now which will expire next year.
My question is
----------
1. Can my new employer file a H1B transfer for me?
2. Will the effectiveness of my wife's H1B cause me to be out of status?
3. If I'm out of status, could I file a COS to H4 now?
4. What may be the best plan for me to follow?
Thank you!
I was in H1B status and got laid off in Sep 1. To maintain my legal status, I filed a COS to F2 before I left. Then I found a job in Oct 1. The company has started working on my new H1B application, but may take some time.
At meantime, my wife's H1B became effective on Oct 1. Her F1 status might be gone, but my F2 COS is still pending. I have asked the attorney of my wife's company to file a COS to H4, but was told it might cause additional complexity.
I have a valid H1B visa stamp now which will expire next year.
My question is
----------
1. Can my new employer file a H1B transfer for me?
2. Will the effectiveness of my wife's H1B cause me to be out of status?
3. If I'm out of status, could I file a COS to H4 now?
4. What may be the best plan for me to follow?
Thank you!
