H1B query - very urgent help required

[meenakshi_1948]

Hi

We applied for H4 to H1B conversion through regular processing and the application is in process with USCIS. They updated my status to Request for evidence recently and we submitted the documents last week for the same.
My husband is on H1B and his employer suddenly gave him a notice of 15 days as he is devoid of funds to support my husband.

1) If my decision is not heard from USICS and in the mean time if my husband's status gets invalid, then what would happen to my H1B application? What can I do now on my H1B application before it gets too late?

2) What are the options for my husaband to protect his H1B status?

3) Some people are saying that H1B remains valid for 30 days even after the status gets invalid. Is it true? Is there any grace period on H1B?

Thanks in advance

[shervin143]

1) If my decision is not heard from USICS and in the mean time if my husband's status gets invalid, then what would happen to my H1B application? What can I do now on my H1B application before it gets too late?
>>> Since your case is already in process, I don't think this will have any impact. However, it is safe to upgrade the case to premium and get the result within 15 days (before your husband goes out of status on H1B). The advantage is, if your get the approval soon and if your husband cannot find a sponsor to transfer his H1B, he can apply for H4 based on your approved H1B.

2) What are the options for my husaband to protect his H1B status?
>>> Find a new employer and file the H1B transfer immediately. It will take 10 days to get the LCA approved and the documents for the H1B transfer should reach USCIS before his last working day. So he need to act fast.

3) Some people are saying that H1B remains valid for 30 days even after the status gets invalid. Is it true? Is there any grace period on H1B?
>>> It is not true. There is no such grace period. USCIS goes by the lastest payslips. If there is a gap in the pay period, then they will consider you to be out of status and the transfer might get rejected or get approved for consular process.

[meenakshi_1948]

Hi

Shervin, Thank you very much for the reply.

1) Would there be any problems in my case if change my case now from Regular proceesing to Premium processing?
2) Can my husband get an I-20 from an university and apply for change of status from H1B to F1 before his gets H1B gets invalid?
3) If in the middle of the COS process from H1B to F1, H1B gets invalid would that affect the COS process?
4) If the COS from H1B to F1 is applied, and then if H1B gets invalid, Is it legal for him to stay in US till we hear a decision on his COS from USCIS?

Please help. Thanks in advance.

[shervin143]

1) Would there be any problems in my case if change my case now from Regular proceesing to Premium processing?
>>> No.

2) Can my husband get an I-20 from an university and apply for change of status from H1B to F1 before his gets H1B gets invalid?
>>> Possible. But is it really possible to enroll in a course within the next 15 days? Unless the F1 is requested to be effective immediately after he goes out of status on F1, he is not going to get a new I-94 associated with the approval. H4 is the best bet.

3) If in the middle of the COS process from H1B to F1, H1B gets invalid would that affect the COS process?
>>> No. As long as the COS gets filed before he goes out of status, he is good.

4) If the COS from H1B to F1 is applied, and then if H1B gets invalid, Is it legal for him to stay in US till we hear a decision on his COS from USCIS?
>>> Yes. But there is a catch. If the COS gets aprpoved (with a new I-94) then he is all good. If the COS gets denied or if it gets approved without a new I-94, then the time spend in U.S after the last day on work will be considered to be out of status.

I would suggest you to take the help of a good immigration attorney.