H1b extension in progress.Job Loss and i94 expired. I140 approved.

[JUTTUASH]

Team I have the below scenario. Please help in clarifying this

I am on H1B Visa. My i94 expired on 5/11/2020. Jan 21 2020: Extension+amendment filed together based on PERM approval with USCIS,

Apr 2020: Case went on RFE. 

July 01 2020: RFE was responded with Sow, Client letter, Manager letter.

July 06 2020: Case status changed to 'RFE response received'. (Note: Case is with Texas service center)

The case is still in progress and waiting for adjudication. Date of intended employment requested by employer is until 09/14/2021. I am within 240 days period now.

Max out date: September 14 2020.

I140 is approved. But it was not submitted by employer during RFE response.

Question:

1. I94 expired on 5/11/2020. Current h1b extension is progress. I am currently in bench due to covid ramp down and looking for my next assignment. My employer is likely to separate me after 5 weeks, given an opportunity does not exist due to covid situation project crisis. In this scenario, am I eligible to search for a job outside and do a H1B transfer? In that case what will happen to my current petition that is in progress.? Will the H1b transfer be approved? Will the approved transfer contain i94 attached? If i94 is not attached what should I do? If the current petition (which is in progress with my current employer) is denied, what should I do?

2. Given the current h1b extension petition is in progress, If I am unable to find a new employer to transfer my H1B, before my employer separates me, should I leave the country? or Can i stay in the US and search for a new job in this covid situation job loss? If so how long am I allowed to stay legally in the US? Technically my i94 is not there.  Though I have i140 approved. I am confused. Though I have i140 approved. Do I fall in out of status and unlawful presence? Any grace period consideration here?

3. I have my i140 approved. Does my max out play a role during this job hunt if I continue to stay in the US post job loss?

4. I have soft copy of i140. If in case my current H1b extension petition gets approved after I get separated from my current employer, will the employer provide me the approved i797?

Employer may revoke H1b from his side in a month. Is this approved i797 required for my next job hunt? Can I just use my current time and look for new employer and file for H1b transfer with i140 approval and the receipt notice of the current petition that is in progress.

Please advice. I am very much confused in this situation. Your experience and help is appreciated

[JoeF]

Are you getting paid on bench?

If the employer lays you off the H1 extension is gone. The employer by law has to inform USCIS when you no longer work there.

Since your I-94 is expired you have to leave the country. Any new H1 would only be approved with consular notification.

[JUTTUASH]

@JoeF

Employer pays in bench. Will the 60 days grace period come into effect in this situation, if employer lays off while the extension is in progress and i94 is expired? 

Please advice. 

Also if in case I get laid off, dont I have any other option to stay here and search for a job to find a employer for H1b transfer? 

Do the employer revoke i140 before 180 days of completion, if laid off?

Please advice. 

Thanks

 

[JoeF]

If the I-94 is expired there is no grace period. The rule for the grace period is: 60 days or until expiration of the I-94, whichever is shorter.

[Zodiac System]

@JUTTUASH first and foremost please send (ask your employer to send) to USCIS soft copy of your I-140 along with your current H1b Receipt Number and a supporting letter and current paystub, to consider the approved I-140 while making decision on your current H1b by OVERNIGHT FEDEX.  IT DOES NOT HURT.  Give it your best shot.

Yes, you will require the H1b Receipt number / approved H1b for your next job hunt.  

In case your employer has got some of your previous salary in reserve/buffer, he may be able to pay you minimum LCA wage from that till you find another project 

Good Luck

 

Edited July 29, 2020 by Zodiac System

[Zodiac System]

On 7/13/2020 at 2:06 AM, JUTTUASH said:

Team I have the below scenario. Please help in clarifying this

I am on H1B Visa. My i94 expired on 5/11/2020. Jan 21 2020: Extension+amendment filed together based on PERM approval with USCIS,

Apr 2020: Case went on RFE. 

July 01 2020: RFE was responded with Sow, Client letter, Manager letter.

July 06 2020: Case status changed to 'RFE response received'. (Note: Case is with Texas service center)

The case is still in progress and waiting for adjudication. Date of intended employment requested by employer is until 09/14/2021. I am within 240 days period now.

Max out date: September 14 2020.

I140 is approved. But it was not submitted by employer during RFE response.

Question:

1. I94 expired on 5/11/2020. Current h1b extension is progress. I am currently in bench due to covid ramp down and looking for my next assignment. My employer is likely to separate me after 5 weeks, given an opportunity does not exist due to covid situation project crisis. In this scenario, am I eligible to search for a job outside and do a H1B transfer? In that case what will happen to my current petition that is in progress.? Will the H1b transfer be approved? Will the approved transfer contain i94 attached? If i94 is not attached what should I do? If the current petition (which is in progress with my current employer) is denied, what should I do?

2. Given the current h1b extension petition is in progress, If I am unable to find a new employer to transfer my H1B, before my employer separates me, should I leave the country? or Can i stay in the US and search for a new job in this covid situation job loss? If so how long am I allowed to stay legally in the US? Technically my i94 is not there.  Though I have i140 approved. I am confused. Though I have i140 approved. Do I fall in out of status and unlawful presence? Any grace period consideration here?

3. I have my i140 approved. Does my max out play a role during this job hunt if I continue to stay in the US post job loss?

4. I have soft copy of i140. If in case my current H1b extension petition gets approved after I get separated from my current employer, will the employer provide me the approved i797?

Employer may revoke H1b from his side in a month. Is this approved i797 required for my next job hunt? Can I just use my current time and look for new employer and file for H1b transfer with i140 approval and the receipt notice of the current petition that is in progress.

Please advice. I am very much confused in this situation. Your experience and help is appreciated

How many years have you been on H1b prior to this extension + amendment being filed by your current employer