Stuck_with_H1B

I believe you are out of status now. Please talk to an immigration attorney ASAP( I hope you are already talking to an attorney.) I am sorry for your situation.

1. I think existing employer can not revoke I140 after 6 months of its approval. Is this correct? They can not revoke, they withdraw and they can do it any time. Does not matter after 6 month or before. They will just inform USCIS that they do not have the job anymore for which they applied green card. If that I140 is approved and 180 days are gone then USCIS consider the job offer withdrawn but the I140 will remain approved. If 180 days are still not done then i140 goes to trash. 2. Are there any limitations to new employer filing my H1B based on my approved I140 or Is it possible to file so? No Limitations,they can use that I140 to get a transfer and extension.3. To avoid H1B/H4EAD issues how soon my new employer has to file PERM/I140 and get it approved with out my priority date gets affected? Try to get it ASAP, you never know when which law going to change.

You get one time, up to 60-days of grace period on each of you approval/extension. 1. Will I be considered as out of status if I don't have a job when I am in the USA on H1B Visa You are covered under '60 day grace period' till 60 days. 2. How long can an H1B Visa holder legally stay in the US without the paycheck? (i.e. without any salary) Same, you can stay legally during those 60 days without any salary. 3. Can I join the New employer with the documents being receipted by USCIS? Yes, next day from the day they sent documents to USCIS, you can start with your new employer. 4. Will it create any issues during 2018 income tax returns? Not at all.

Talk to your company's attorney of you have access to him/her.I had this situation earlier and Client wanted me to start ASAP, but my employer first got an LCA approved for new location and then Filed my amendment and then only he let me started with the new client. You can start the next day from the day employer sent amendment request to USCIS.

I agree with @pontevecchio its very urgent matter and you can not wait and rely on a public forum to get an answer. I hope you already have contacted an immigration attorney. Personally I believe you are out of status as denial took place. I am not sure if you can join you employer A if he has not yet revoked your petition, but this is something you should ask your attorney. It's very obvious that your dependents(h4 visa holders) goes out of status as you go out of status. Good Luck, hope you find a way out of it.

Ideally this should not be an issue if your attorney is providing all and enough documentation to justify your new job/need. People change companies for various reasons and USCIS can not evaluate any case on basis of why a beneficiary is changing the job. They evaluate you case on basis of if the new job you are starting is a real, valid, sustained need or not. FYI, In past(2015-16-17) I have changed jobs in 2-3 months frequency. Never had any issue.

You used your one time 60 days grace period when you took 5 days break between leaving first employer on 18th Sep and joining the second employer on 23rd Sep. Now since you do not have H1b transfer approved yet, you do not get a new 60 days grace period.

You are somehow in a very similar situation as me. I think delay in processing is a norm now a days. I would still suggest to avoid the out of country trip if possible.

Dear Friends, I need some advice for my situation mentioned here. Got laid off by my employer back in Aug-17, employer also filed I-797 revoke on the last day of my project and it got approved in 2 days. Then I found a project within 60 days grace period and started working on it through same employer. Employer's attorney told me that they can reactivate the same petition and I should be good. That I-129 is still pending, now I got another company with a better work and salary and I like to transfer my H1 to this new company. This new company is ready to File H1B transfer in premium. My questions are: 1. First of all, is it possible to transfer my H1B to this new company even when my revoked petition's reactivation is under process? 2. What if this new H1B transfer gets rejected? does it affect my ongoing I-797 activation? 3. What if my ongoing I-797 activation gets rejected before this new company gets my H1B transferred to them? Will I be out of status? Thanks in advance for you suggestions and answers!

Not sure why you are even considering " renew/update my I-94 by crossing Mexico border " option. Even if theygive you a new I-94 and let you come back in without a new visa, the new I-94 would be valid till your existing I-797 validity so you are not gaining anything by doing that.I would not suggest you that. Your best bet would be to file for H1 extension, I do not see any issue applying for an extension when there are still one month left.

You can start a company and you will be fine if you are associated as a non profit taking entity with your company. What I mean to say that you can not take any monetary benefited and salaried role in that company. Also to stay legally in USA, you need to continue you existing H1B job even after you open a company.

Yes in DS-160 you should always select the arrest check mark. In later section in the same form you can provide further detail.

Not at all, its illegal. You are allowed to work only for the employee through whom you got H1B approved, and more specifically skill sets, location mentioned in LCA puts further limitation.

I agree with JoeF. Here we have concept of employment at will, employee and employer both need to agree on the terms. No one party should dictate the terms. But again on H1B lot of employers are still practicing such unaccepted things, still 13 months is still unbelievable. Even if you talk to a labor attorney he would say if there is 13 months in contract then its 13 months. I do not know how desperate you are to get this job, but I would suggest you try to negotiate with them and explain then is not realistic contract if they are not ready then find another one.

I "personally" believe that she does not get benefit of 60 days grace period rules since Immigration has this thumb rule of "latest decision takes precedence". I do not know what happens with original H1B approval if an amendment gets denied, I do not know if original H1 approval still stay in place or not, but if it does not then its 60 days rule will also does not stay in effect. I would suggest you best option now is to ASAP talk to an experienced immigration attorney.