I-140 approved, waiting for priority date and laid off

[mtilak]

Hello there,

I am hoping someone could provide some helpful advise with my situation.

 

My current situation:

I am on H1B and have been for more than 10 years now. I started initially with F1 for my Masters degree before I moved onto H1B.

My I-140 is approved under EB-2 and I am waiting for my date to be current.

Unfortunately, I got laid off, and I have around 30 days left on this job.

 

My understanding is:

I have around 2 months grace period to find another job which sponsors me green card and start with H1 transfer first and file new LC and then 140 using my old Priority date and continue the next steps.

 

But, things/laws are changing so often, I think it might not be the same/simple, or is it?

And, if I am able to find another job, but say after the last date of my employment, is it still a H1 transfer or is it different? how?

And, is there anything I have to ask my current employer explicitly: like don't revoke my 140, etc..

 

I really appreciate any right advise on this.

 

Thanks,

TM

 

 

 

[pontevecchio]

No grace period as such. Keep looking and get a H1 sponsor and the approval will be most likely for Consular visa processing. A couple of months out of status is no big deal. What does your spouse do?

[rahul412]

There is no grace period on H1. You need to find another job ASAP.

[JoeF]

There is NO grace period on H1. Zero days.

Find a new job ASAP. An H1 transfer should be filed before your current job ends.

If you can't find a new job that quickly, file a COS to some other status. It is a bit problematic because most other statuses don't allow immigration intent. If you are married and your spouse is also working on H1, you can change to H4.

[mtilak]

Thanks for your replies.

 

ok, no grace period. Got it.

So I take it that after my last day at the current job and I can't find a job, COS is my only option if I want to continue staying here..

 

My wife is on H4. 

 

Thanks again!

[pontevecchio]

Since you have an I-140 approved, a COS to B2 which is what I assume you are talking about may be treated as frivolous. I would suggest waiting here for a couple of months after the H1 job is over and keep looking for H1 sponsors. Any H1 petition approval for you will need you to leave and return on the H1 visa.

[mtilak]

I was thinking of COS to F1 (register for an additional degree), and when I find a job COS back to H1.

But yes, as Joe pointed out in an earlier response my immigration intent may conflict for F1.. 

 

It sucks real bad!!

[pontevecchio]

Have you asked the company about their intentions vis a vis the approved I-140?

[mtilak]

No. That was part of my initial question, actually. What should I ask?

I assumed, they would notify USCIS about my termination. But, is there more to it?

[pontevecchio]

You should ask them what their intentions are about the approved I-140? They DO NOT legally have to revoke the I-140. Will the job be available to you potentially down the line?

[mtilak]

Well, if I am getting laid off, I don't see them taking me back in future. They are shutting down the location here totally.

[newguyaustin123]

Hi @mtilak I am in a similar situation and could use your guidance. Can you share details or your contact email so I can get in touch? Thanks!