H1B - Out of Status

[DavidA]

My Employment ended all of Sudden on 12/21/18 and my employer is withdrawing my H1B by very next week. I have Valid Petition and I-94 till October 2019. Once the Withdrawal is approved i'll be out of Status that may be on Feb 2019. Hopefully i find some job by then.

 

In worst case if i don't find anything.

* What are consequences of Staying 'Out of Status' once Withdrawal is approved.

* Can i continue stay in US on H1B on 'Out of Status' till 60 day grace period to find the next job.

* What are consequences if i cross 60 day grace period. My I-94 still will be valid.

* Is it advisable to stay beyond 60 days Grace period or do a change of status to H4.

Please advise.

 

 

[pontevecchio]

Your 60 days starts from 12/21. If you are not able to get a H1 sponsor to file during this period, leave and return with the H4 visa.

[Chai]

Sorry to hear. 

1. Your 60-day grace period starts from the very next day of employment termination. It is NOT from the day of withdrawal approval. 

2. USCIS must receive new I-129 petition within 60 days of grace period in order to keep you in the status. 

3. I-94 validity on the 61st day period does not hold any ground. 

4. H4 is a better option than being out of status. Transition to H4 should start approximately in the last 21 days if new I-129 petition is not an option. Good luck! 

[JoeF]

Withdrawal of the H1 is completely irrelevant for you.

You have a grace period of 60 days from layoff, or until the I-94 expiration, whichever is shorter. During that grace period tou are not out of status.

[DavidA]

Thanks for all the responses. It helps.

Which Date should i consider 12/21 when the client i was working laid me off or 12/28 when my employer applied for withdrawal, i will be getting paid till 12/28.

On change of status, is it better to get out of country and get H4 stamped or Stay here and apply for Change of status.

One more thing. I have I140 approved so i believe i can get back to H1 once i get some opportunity.

Please advice what is the better option.

[Chai]

Fact: The 60-day rule reserves DHS’s right to shorten or eliminate the grace period as a matter of discretion.

1. For your best interest, you should consider 12/21/18. If the employer has mentioned 12/28/18 as your last day of authorized employment to USCIS, the USCIS reserves the right to decide which date to consider. You cannot argue that. 

2. It's your personal choice. 

3. Yes, you can as long as I-140 is not withdrawn by the employer. 

[DavidA]

I Found a new employment opportunity. Should i inform the new employer about the withdrawal before transfer application. Its been only 5 days since withdrawal was filed. Not sure if how new employer would receive it. Please suggest.

[DavidA]

Hi,

I got multiple Job Opportunities and considering 2 as of now. One with Current Employer who is reactivating my Current Petition, Another with Employer B who will be applying for H1 Transfer. Still considering which one to take, i want move away from current employer because of previous experience and getting better offer. At this stage which is better option staying with same employer(He holds my I140 as well) or transferring the H1 to new employer. Still in dilemma both ethical and safer bet which one to take. I may join with my current employer before i can move out to New Employer. Premium processing is on hold.  

One more thing i read i won't get a grace period again with the same employer in case similar situation arises.

Please suggest.

Thanks in advance. Please respond.