Lost job on H1B, I140 not approved and COS

[Ds0205]

Hi,

I was laid off on Apr 19th by my company B (worked only for 6months). I had approved I140 through my previous employer A. My spouse is on H1B so I am planning to apply for H4+EAD end of May.

1) How much time does it take for H4+H4EAD approval ? 

2) Can I have multiple employers file for H1B transfer (within 60day period)? So basically can there be multiple H1B applications sent to USCIS?

3) As I worked with employer B for only 6months and they had not filed for I140 does that mean I will loose my priority date (as per previous application)?

4) As per my understanding as long as COS H4 receipt is available, new employer can apply for H1B COS with revoke H4. Am I correct?

 

 

[pontevecchio]

1. Recently many months.

2. Yes. But they may need you to sign contracts.

3. In the absence of fraud you always retained the PD for a subsequent filing and this is still true.

4. In practice not so simple. Leave and return with the H4 visa and then apply for the EAD after coming back while looking for a H1 sponsor in the meantime.

[Ds0205]

4. Why is it required to leave the country? Isnt it change of status and the person can legally stay.

Also I already have some H1B sponsors but the timeframe might be after 60days (going thru interview loops). Does that mean I still have to leave and come back on H4 and then do H4 to H1B COS?