Sign in to follow this  
Followers 0
nbdcool

Terminated from job on H1B, spouse on H1B - convert to H4 questions

7 posts in this topic

Hello All, 

Will appreciate if someone can help and share there experience with me. 

I was on my H1b with an employer but got laid-off yesterday. My spouse is on H1B too and  I am confused what to do, I have some questions it will be great if you guys can help. 

1. How much time do I have to find a new job from last pay check? and if my employer revokes my H1B do i still have time to find a new job?

2. Spouse H1B is in transfer processing, can still move to H4 on his H1B pending status?

3. If I file for H4 and find another job within few days, can I still file for H1B transfer or need to choose one. 

Please guide what should i do in this situation. 

Thanks.

 

 

Share this post


Link to post
19 minutes ago, nbdcool said:

Hello All, 

Will appreciate if someone can help and share there experience with me. 

I was on my H1b with an employer but got laid-off yesterday. My spouse is on H1B too and  I am confused what to do, I have some questions it will be great if you guys can help. 

1. How much time do I have to find a new job from last pay check? and if my employer revokes my H1B do i still have time to find a new job?

2. Spouse H1B is in transfer processing, can still move to H4 on his H1B pending status?

3. If I file for H4 and find another job within few days, can I still file for H1B transfer or need to choose one. 

Please guide what should i do in this situation. 

Thanks.

 

 

1. You have 60 days from the last date of your employment.

2. Your spouse H-1 needs to be approved because your H-4 status is dependent on that.

3. If you move to H-4 and find a job then your new employer will have to apply for H-1 again, but you cannot work on receipt because it would be a change of status from H-4 to H-1.

Share this post


Link to post

1) With new rule, You have to search for a new job with in 60 days. This rule is applicable only once per petition. But it is good to find job with in 30 days

2) You can move to H4 with your wife H1b receipt

3) You can file new H1 but include your H4  receipt if you got a new job.

4) My suggestion : if your wife has I140 approved, convert yourself to H4 and get EAD with in 1 month by filing H4+H4 EAD together. I followed this process.

Share this post


Link to post
5 hours ago, shekar11# said:

1. You have 60 days from the last date of your employment.

2. Your spouse H-1 needs to be approved because your H-4 status is dependent on that.

3. If you move to H-4 and find a job then your new employer will have to apply for H-1 again, but you cannot work on receipt because it would be a change of status from H-4 to H-1.

thank you for the info. 

1. You have 60 days from the last date of your employment. 

Even if my employer revokes my H1b?

3. If you move to H-4 and find a job then your new employer will have to apply for H-1 again, but you cannot work on receipt because it would be a change of status from H-4 to H-1.

What happens if I get my receipt for H4 but still h4 is not approved, and I find a new job?

Share this post


Link to post
5 hours ago, metroguy said:

1) With new rule, You have to search for a new job with in 60 days. This rule is applicable only once per petition. But it is good to find job with in 30 days

2) You can move to H4 with your wife H1b receipt

3) You can file new H1 but include your H4  receipt if you got a new job.

4) My suggestion : if your wife has I140 approved, convert yourself to H4 and get EAD with in 1 month by filing H4+H4 EAD together. I followed this process.

Thanks for all your suggestion. 

3) You can file new H1 but include your H4  receipt if you got a new job.

So this way I can start working as soon as I get the H1B receipt?

4) My suggestion : if your wife has I140 approved, convert yourself to H4 and get EAD with in 1 month by filing H4+H4 EAD together. I followed this process.

Still not filed for perm, so this option will not work. thanks for the info

Share this post


Link to post
17 hours ago, nbdcool said:

thank you for the info. 

1. You have 60 days from the last date of your employment. 

Even if my employer revokes my H1b?

3. If you move to H-4 and find a job then your new employer will have to apply for H-1 again, but you cannot work on receipt because it would be a change of status from H-4 to H-1.

What happens if I get my receipt for H4 but still h4 is not approved, and I find a new job?

1. Yes, you have 60 days even if your employer revokes H-1 as per January 17th rule.

2. If you get a receipt and H-4 is not approved, say you get a job, then you apply for H-1 and simultaneously withdraw the H-4 application.

Share this post


Link to post
5 hours ago, shekar11# said:

1. Yes, you have 60 days even if your employer revokes H-1 as per January 17th rule.

2. If you get a receipt and H-4 is not approved, say you get a job, then you apply for H-1 and simultaneously withdraw the H-4 application.

Great, will go with the second option then  to be on safe side. Will apply for h4 and withdraw once find job so I can start working immediately on receipt or else will keep it. 

really appreciate your help. 

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0