H4 & EAD Pending - COS to H1B?

[ClarkMorris]

I am in a tricky situation and need help.

I am on H1B visa (797 & visa stamp on pspt) valid until 07/18/2021 with I-140 approved in EB2 and due to COVID have been laid off. My last date was 08/01/2020 and 60 day grace period ended on 09/30/2020.

I have filed for H4 EAD on 07/11/2020 in Texas Service Center and is currently both in pending status.

I have received offer and was looking for options to come back on H1B transfer using Premium processing.

Option1 – H4 COS to H1 with Premium processing

• Will it be possible to file this option in premium processing https://showbox.tools/ with H4 EAD in pending status ?
• Are their chances that H1B transfer application will get an RFE because H4 is in pending status?

Option2 – H1B transfer with Consular processing

• Will it be possible to file for H1B consular processing in Premium?
• Since I have H1B visa stamped and is valid until 07/18/2021 will it be possible to leave the US and go to Mexico and come back with new H1B visa or do I need to go back to India and get visa stamped with new H1B visa and then reenter US. Is there risk involved if go to Mexico for a single day and try to come back with new H1B?

Kindly note that we are planning to submit i485 in Oct 2020 with EAD and AP through my wife’s employer in EB3 category as well , so does leaving the country involve any issue to pending H4, EAD + i485, EAD & AP applications.

Thanks

[rkk09]

Hi Member,
Here is my thought on your question.

Option1 – H4 COS to H1 with Premium processing

Will it be possible to file this option in premium processing with H4 EAD in pending status ?
Answer: While H4 is pending, you can not seek H1B change of status request as you might not have status at the time of filing the petition.
Are their chances that H1B transfer application will get an RFE because H4 is in pending status?
Answer: High possibilities to get RFE to proof the maintenance of status at the time of filing the petition.

Option2 – H1B transfer with Consular processing

Will it be possible to file for H1B consular processing in Premium?
Answer: Yes. This is suggestable too.
Since I have H1B visa stamped and is valid until 07/18/2021 will it be possible to leave the US and go to Mexico and come back with new H1B visa or do I need to go back to India and get visa stamped with new H1B visa and then reenter US. Is there risk involved if go to Mexico for a single day and try to come back with new H1B?
Answer: In order to get H1B Approval with consular processing, you will need to go consulate/ embassy, attend visa interview, get visa stamped then travel back to the country. If you complete these process then your status will be activated as H1B. You can prefer any of the US consulates/ embassy while you file I-129 petition. If you have properly filed the petition and approval then there will not have any risk involve in these processes.

Kindly note that we are planning to submit i485 in Oct 2020 with EAD and AP through my wife’s employer in EB3 category as well , so does leaving the country involve any issue to pending H4, EAD + i485, EAD & AP applications.
Answer: Yes. If your H4 petition is pending and you travel during that time then H4 petition will be abandoned. And your EAD also will impact.
Thanks.