Layoff, I94 expiring soon, H1-B extension will be filed before I94 expiration, H1B Transfer

[Ajay T]

Hi,

 

I am in a difficult situation. My I94 is expiring on May 14, 2020. My employment end date will be June 30, 2020. My Employer will be filing H1-B extension. Have an approved I140, P.D August 2016.

1) Given that my extension is filed before I94 expiration I will be in 240 day rule. What is my status during this time?

2) How soon I need to find a new job and have H1-B transfer filed? Does it have to be before June 30, 2020? Or during the 240 day rule too, will I get the 60 days grace period after my employment end date?

3) My current employer may allow to keep me on payroll till August 31, 2020. In this case will I have till then to find a new job and H1B transfer filed?

4) Can a new H1-B petition be filed by new employer, if H1-B extension is pending? Are there any risks?

 

Thank you very much for your help. Greatly appreciated!

Edited May 3, 2020 by Ajay T

[User099]

If you loose your job, you will have 60 days or till I94 expiry date which ever is shorter to find a new job by legally staying in the country. In your case you might not have the grace period if your extension is filed till June 30th and employment ends on June 30th. 

240 days will only apply if you are still working for the same employer who filed the extension. 

I know you mentioned Aug 31st as an alternate date. Do you know if they will file the extension till Aug 31st and may/may not lay you off on June 30th?

Its better to talk to an attoney to understand all your options. 

[Ajay T]

Thank you very much for the response. Yes I am discussing this with the attorney. The firm informed me that they filed my Extension until 08/30/2020, to include the grace period of 60 days after the 06/30/2020 date. My end date is 06/30/2020, but I have severance weeks where I can extend my end date by two months. In this case as the extension is filed to request until 08/30/2020, I cannot extend it till 8/31, but I may be able to extend it till 8/15.

 

I have read conflicting views as to what constitutes status violation. One source says status ends when the job duties are no longer performed (06/30 in my case). Another source says it will be based on the last pay stubs (say if I extend it to 8/15). Which one is right?

 

And how soon I need to find a new job and get new H1B filed? Do I need to have the new H1B filed before 06/30/2020 or get the Receipt number before 06/30?