H4 application with future date.

[priyasagiraju]

Hi All,

I am currently on an H1B visa, and my current employer has informed me that my employment will end in two weeks. I understand that I have a 60-day grace period to find a new employer and initiate an H1B transfer.

I do have an offer from another employer, but the onboarding process is taking longer than expected.

I have a few questions regarding my options:

1. Can I file a Change of Status to H4 with an effective date closer to the end of my grace period, so I can remain in valid H1B status while continuing to work toward onboarding with the new employer?
2. If I file for H4 with a future effective date, and the new employer begins the H1B transfer process before the grace period ends, can they proceed with a standard H1B transfer, or would it need to be filed as a Change of Status?
3. If the H1B transfer is filed and I begin working for the new employer, should the H4 application be withdrawn, or can it remain pending?
4. If I leave the H4 application pending and it eventually gets approved after I’ve started working under the new H1B, what would be the implications?

Many thanks for taking the time to provide your insights.

[tofu159mac]

Yes, you can file an H4 Change of Status with a future effective date (e.g., Day 60) to stay in valid status. if your new employer files the H1B transfer before the 60-day grace period ends, it can be a regular transfer (not a Change of Status). it's best to withdraw the H4 after your H1B transfer is approved and you’ve started working. If you don’t withdraw the H4 and it gets approved later, you’ll be moved to H4 status, which would end your work authorization under H1B.

[Jamie309Perez]

Hello!
It's crucial to consult with an immigration attorney for advice on your specific situation. Generally, you can file a Change of Status to H4 within your 60-day grace period to remain legally in the U.S. while your new employer's onboarding process continues. If your new employer files an H1B transfer petition before your grace period ends, they can proceed normally, but you would be maintaining two conflicting applications. If the H1B transfer is filed targetpayandbenefits login for employees and you start working, it is highly recommended to withdraw your pending H4 application. If the H4 is approved after you've started your new H1B job, it could override your work-authorized H1B status, potentially causing you to lose your legal ability to work. An attorney can help you navigate this complex process to protect your legal status.

[priyasagiraju]

great, thank you so much for your insights.