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

[nbdcool]

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.

 

 

[shekar11#]

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.

[metroguy]

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.

[nbdcool]

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?

[nbdcool]

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

[shekar11#]

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.

[nbdcool]

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. 

[gpkreddy29]

@metroguy, I am in similar situation. I have an approved I140 and my wife lost her job last Friday and they are not revoking her H1 B right away.

My questions are red. Could you please share your thoughts and experiences. Thanks much!

On 4/19/2017 at 10:17 AM, 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

So, when would this 60 day period begin, last day of the job or day of the last pay check? we don't want to use that 60 day buffer now as it is available only once. 

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.

 you mentioned you got your ead in a month. was that in premium processing or regular processing? I was under the impression, it would take at least 3 months for H4 + H4 EAD to get approved. Is there anything we need to do to get our processing approved in a month like yours? Can you suggest me what should i do while we apply ?

 

Appreciate your feedback and any other suggestions!

[Sunidhi]

On 4/20/2017 at 9:45 AM, 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. 

I'm in the exact same situation. Had a layoff in March, applied for H4+EAD, looking for a job.
Did you get a confirmation that you can start working immediately on H1 receipt or do you have to wait for it to get approved (which would take months since we cant file under premium processing now)?

[Pratikp]

I'm in similar situation I got laid off on Saturday 7/14 yesterday. My h1b is till end of 2017. Employer informed me that they will inform uscis within next 5-7 business days through written letter about last date as 7/14. I am worried that new employer won't even consider applying for h1b sponsorship since I have already been out of status or given that I have only 6 months left on h1.

1) My spouse is on h1b status.(no I140). 

2) if I do h1b transfer within next week can it be rejected because I am out of status for a weeks period? 

3) If I transfer on h4 can I transfer go back on h1b if spouse is not on i140 status? Since I have already been allocated h1b can new employer apply for sponsorship on same allocation?

Can I start working asap as I get a job and employer files for h1b in case 3 scenario?

kind regards! Any help would be highly appreciated.