If H1 transfer denied, Can I switch to H4 or leave country under new rules?

New
NeedAdvil

New

NeedAdvil
Aug 28, 2018 6 Comments

My wife is working for a small company on H1B and she got laid off last week, last day is still one month away. Couple of interviews going on and they are ready to transfer H1B. With today's news that Premium mode for H1B Transfer suspended for Vermont Service Centre, new company will have to file H1 Transfer in regular processing and my wife is ready to join on receipt notice as she doesn't have other option.

Let's say, by December'2018 her H1B transfer is denied, can she file for COS to H4 to avoid unlawful presence or she has to leave the country?

I believe USCIS postponed Notice to appear(NTA) policy. Also with so many policies released everyday by USCIS, I am confused and seeking some advice here.

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TOP 6 Comments
  • Expedia
    yxeD38

    Go to company page Expedia

    yxeD38
    In case of h1 rejection maximum you can stay for 2 months and conversion of h4 takes one year in US
    Aug 28, 2018 2
  • Google
    Cb

    Go to company page Google

    Cb
    You should reach out to your company’s immigration attorney and clarify when you should file COS. Transferring to H4 could void the h1 .
    Aug 28, 2018 0
  • Google
    Cb

    Go to company page Google

    Cb
    This is false , plus you can stay in USA legally after you have a receipt number on a petition until you receive a response (provided you are here legally when you sent the petition)
    Aug 28, 2018 1
    • New
      NeedAdvil

      New

      NeedAdvil
      OP
      Thanks. I agree that attorney can give accurate information but just checking here as we get to talk to attorney only after we clear interviews and everything. Recruiter is just asking if we are on H1B and scheduling Interview without thinking all these scenarios.
      Aug 28, 2018