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arjunmca

H1b Out of status causes green card problem?

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Hi,

   I have a different situation. Two employers A, B filed H1b with in a week difference, both got approved. I went to stamping with employer A, visa approved and came to US.

   Due to salary issues, employer A cancelled my H1b without notice. What about my status after H1b cancellation.

1) Am i out of status?

2) Cant my status valid with employer B I-797

3) If i am out of status, will be a problem for my green card process?

Thanks.

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Generally, an individual is technically not maintaining valid status when their employment is terminated. Adjustment of status, in most cases with limited exceptions, requires continued maintenance of valid status. It would be advisable to seek the counsel of an immigration attorney to determine if circumstances exist to remain in the United States despite termination of employment based on a review of the status of the petition with the additional employer.

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You may be able to maintain your status by working with employer B, but this depends on several things and it is highly recommendable to review your entire situation with an immigration attorney first.

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