H1b transfer + i485 in process

[sreekanthchan]

Hello,

I am in a rather complicated situation and looking for some solution. I was under H1b status working for a company. I quit my job on Sep 1 and my 60 days grace period ends on Nov 1. I self-filed the petition for I140 under the EB-1A category, which was approved with a priority date of 08/31/21. I filed my I-485, AP, and EAD on Sep 30. Hence, I am in the grace period of H1b and also pending status from I-485. I am waiting for the receipt notice and came to know that my checks got deposited yesterday. I might receive the receipt next week. I got an offer from a new employer and need to transfer my H1b visa. They are trying to act quickly to file the h1 transfer within 60 days of the grace period. Let's assume that they filed the transfer after 60 days and has it approved, do I have to leave the country and get H1b stamping?. Note that I won't be "out of status" as my 485 is in process. Any insight or response on my situation is highly appreciated. Best regards and TIA.

[rkk09]

Hi,
It depend up on Approval category. In your case, due to grace period, Most of the time USCIS will adjudicate the petition with consular processing. If so, you will need to go for visa stamping In order to work with petitioning Employer. But, some times USCIS will approve with status and you will get I-797 A approval. If this is the case, you can continuously working with petitioning Employer.
Therefore file the H1B petition as quick as possible and wait for approval category then plan accordingly.
All the best.
Thanks