H1B 60 Days & EB1 (Non-Employment-Category)


kevin21

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Hello,

Thanks in advance for helping out here!
My situation: I am currently on 7th year H1b, with I-140 approved in 2014 and current I-94 valid until 2021.

I got laid off today and I understand per DHS Final Rule, I have 60 days grace period where I am still considered to be in the status.

1) 60 Days Grace Rule: Are these 60 days good only to find another H1b employer OR can I use it to file F1/Any-Non-Immigrant status? Also, is my assumption correct that after 60 days I will just out of status but not unlawful as I-94 is still valid - does that hold true even if my current employer has already sent a notification to USCIS about my job termination?

2) H1b Portability: My I-140 was approved by Company A in 2014 and they never canceled it. After that, I joined Company B in 2016 (where I got laid off). Now, when Company C will file for my H1b transfer within these 60 days, will I be getting 3 years extension or just before the I-94 approved with Company B? I have consulted two attorneys on this and the answer varied so not sure about this one.

3) EB1: Because of my work, awards, and achievements, I qualify for EB1 (Non-Employment-Based-Category). I understand that I can file for this status within these 60 days. Since the date are not current and they won't be throughout 2019, will I have any sort of work authorization while I will be waiting for EB1 I-140 approval?

Thanks,

Kevin

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