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A_P_

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About A_P_

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  1. A_P_

    221g Laid off

    So, by saying this you mean your I-797 approval notice did not come with attached I-94 with it? If yes, then you H-1B was approved but not COS. Your H-1B was approved for consular processing. If you get I-797 approval without I-94, you can't start working until you go for consular processing and get the valid visa.
  2. Yes it is legal to stay in the US until I-94 expiration date. But if you find a new employer and your new employer apply for your H-1B after 60 day grace period (60 day grace period starts on the day after your last day at work; Not after your visa expiration), your H-1B will most likely approve for consular processing. You'll have to go outside the US and comeback with new H-1B visa to start working.
  3. A_P_

    H1B Change of Status

    This depends on the H-1B approval type. If only H-1B petition approved but COS denied (i.e. H-1B approved without I-94); a person has to leave the US and come back with H-1B visa to start working. If H-1B and COS both approved (i.e. H-1B approved with I-94 attached); a person can start working and no need to leave the US or new H-1B stamp.
  4. A_P_

    Question On H1b Grace period

    You said, "After 60 days she will be Out of status" -- A person is out of status as soon he/she is out of job (Not after 60 days! 🙂) 60 days time is a grace period only. You said, "her Unlawful presence will kick in." -- Unlawful presence (180 days time towards a ban) only start after your I-94 expires. Please see JoeF's post above. I don't want to 'Correct' you. Just want to share correct information here. 🙂
  5. A_P_

    Question On H1b Grace period

    Correct. Students have D/S (Depends on Status) on their I-94 expiration date section. So, as soon as they're out-of-status, their I-94 expires and their stay is considered illegal (They start acquiring Unlawful Presence Days). Yes, you are out-of-status if you don't fulfill the requirements of your status BUT your stay doesn't consider illegal. Your stay in the US is only considered illegal after your I-94 expires. Someone very close was in the same situation in 2018. I'm not the immigration expert but we've consulted three(3) different immigration attorneys at that time. 🙂
  6. A_P_

    Question On H1b Grace period

    A person is out-of-status as soon as he/she stop working or laid off. 60 days are grace period, during this period you can apply for H-1B or any other visa as a change of status. Unlawful presence will kick in only after I-94 expires. On H-1B visa, I-94 is not tied to your status.
  7. A_P_

    Question On H1b Grace period

    That is only true for certain visa categories like student visa (F1, J1 etc.) where your I-94 tied to your status. For example, when you're on F-1 visa, your I-94 expires as soon as you're out-of-status. But when you're on H-1B visa, your I-94 is not tied to your status. After you're out-of-status on H-1B, your involvement in certain activities like study, work etc. are illegal but 'Your stay in the US' is not illegal or unlawful. Staying in the US is only considered illegal after your I-94 expired.
  8. A_P_

    Question On H1b Grace period

    If you find a new job and your new employer applies for your H-1B (Change Of Status) before June 3rd, you can start working for your new employer as soon as you get the receipt notice. If you can't find a new employer who can apply your H-1B (COS) before June 3rd, you can still stay in the US until your I-94 expires (Which is Jan-2021). You'll be 'Out Of Status' after June 3rd but not 'Unlawfully present in the US' since you have valid I-94. So, you can stay in the US and can find a new employer; but employer can only apply for your H-1B (Consular Process) and you can't start working until you get the approval and new stamp in your passport. So, you'll have to go out of country and come back with new H-1B visa with new H-1B approval. Please note that you'll only start acquiring 'unlawfully presence in the US' days after your I-94 expires. You just can't apply for any visa as a COS (e.g. form H1 to H1, form H1 to F1, from H1 to B1/B2 etc. scenarios) while you're in the US after June 3rd since you'll be out of status by then.
  9. Hi Team, My spouse is working on OPT and the employer is going to apply for H-1B cap this year. I was on H-1B before but after termination of my employment, I have applied for H-1B to F-2 COS based on my spouse's F-1 status. This COS petition is pending (about 7 months) right now. My I-94 is valid till 2020. My questions are: Should I apply for my H-4 along with my spouse's H-1B? If yes, should I withdraw my pending F-2 COS petition? What will be my status if my spouse's H-1B denied for any reason? Please help me as soon as possible. Thank you in advance.
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