How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays

Question details

Could you analyze the following situation from an H-1B 6-year Max Out perspective (No Approved PERM or I-140)?

1. Employee gets laid off by her H1b employer on November 20.

2. Employee files for H4 COS + EAD through spouse on January 10.

3. Employee gets a new job on April 10 while H4 + EAD is still pending. New employer files for H1b transfer, though no premium processing.

4. H1b transfer gets approved (I-797A with I94 issued) on June 10.

5. Employee works on H1b status based on the approved petition from June 10 to July 10. H4 COS + EAD gets approved on July 10.

My questions are:

1. Does the November 20 - January 10 period (Grace Period) count towards the 6-year H1b Max Out?

2. Does the January 10 - April 10 period (pending H4 COS + EAD) count towards the 6-year H1b Max Out?

3. Does the April 10 - June 10 period (pending H4 COS + EAD and H1b Transfer) count towards the 6-year H1b Max Out?

4. Once the H4 COS + EAD petitions are approved, would the January 10 - July 10 period be counted as "Time Spend in H4 Status" based on the pending petitions that eventually got approved? If not, which period can be claimed as "Time Spend in H4 Status"?

Also, how does USCIS keep track of all this? Is it the responsibility of the employee to make the case to USCIS and claim time as "Spent in H4 Status"?

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FAQ Transcript

Though USCIS doesn't track H-1B time independently, it's your responsibility to claim your time accurately. Time spent legally on H-4, B-1, or B-2 after the 60-day grace period and waiting for a change of status from H-4 to H-1 don't count towards your H-1B maximum duration. When applying for extensions or status changes, you can always accurately track and report your time on different visas. Remember, this is not legal advice; consult an immigration attorney for specific guidance.