6th Year H1B extension Denied with approved i140

[Harini S]

Hi,

Here's my scenario:

• Company A filed my petition in October 2017 and got it approved in Jan 2017 for 3 years (Petition valid until Oct 2020 - not revoked)
• I lost my job with company A in May 2018 and moved to company B in June 2018 on receipt notice
• Company B received RFE on June 20th and responded to RFE in August 2018 and my petition was denied on 7th September 2018
• I have my I-140 Approved (Priority date June 2014)

So now, how long can I stay in the US and find a Job?

Thanks!

[JaiTrump]

You are out of status and need to leave US or change your status to H4 (if applicable), there is no way that company A would not have revoked your old H1B, if your company A has not revoked your H1B yet, they are in some kind of serious mess. 

Talk to your employers attorney and make sure you do not over stay with expired status.

[Provence]

Let' see.. no job with company A, can't work for company B with denied authorization.

Basically have sixty days since previous job termination, but highly suggest you exit the US if unable to find work. You likely have authorization to work in your home country, right, so why not look into that? 

[samthomas77]

The lesser period you would stay in USA the better it is for your re-entry based on I-140. 

[Veerucs]

On 9/15/2018 at 11:52 AM, Provence said:

Let' see.. no job with company A, can't work for company B with denied authorization.

Basically have sixty days since previous job termination, but highly suggest you exit the US if unable to find work. You likely have authorization to work in your home country, right, so why not look into that? 

The sixty day grace period is only applied for whose I-140 is approved as part of Green Card application process ? or is it applicable for all H1B employees irrespective of approved I-140 ? 

Please confirm ?

[Harini S]

All  - Thanks for your reply.

so even if my I-94 which is valid till October 2020?