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houstonind

Job loss while on H1B extension based on approved I140

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Hi experts,

 

I am currently on H1B extension beyond 6 years on an approved I140.  If I loose job now, Will I loose my status immediately ?.  is there any grace period  to stay and look out for a new employer and transfer my H1B based on approved I140 , assuming my I140 is not cancelled by my employer.

 

 Are there any other means to continue to stay without violating any rules?. Read some where , I can change the status to B2. if so,  latter, If I find a job, Is it possible to transfer back to H1B  from B2 using the approved  I140 ?.  

 

Thanks in advance for your  invaluable feedback !.

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Yes, there is no grace period during H1. So B2 is the only option you have, you can use your I140 for H1 ext beyond 6 yrs.

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Thanks, Rahul412.

 

Sorry, another question.  While my H1 to B2 is in progress, If I get a job, Can I parallel transfer my H1 to new employer using my approved I140 ?, or Do I have to wait for  H1 to B2 to come through first ?.  Also, If H1 to B2 is successful, Will that void my approved i140 with my current employer .

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Thanks, Rahul412.

 

Sorry, another question.  While my H1 to B2 is in progress, If I get a job, Can I parallel transfer my H1 to new employer using my approved I140 ?, or Do I have to wait for  H1 to B2 to come through first ?.  Also, If H1 to B2 is successful, Will that void my approved i140 with my current employer .

I think you can do it, but I am not sure.

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The decision on your COS to B2 will take months. You are allowed to wait for the decision in case of a non frivolous application. Based on your approved I-140 the possibility of denial of the COS looms large. But you can wait for their decision and stay legally till then. The reason to apply for a COS to B2 is to get a few months to actively look for a H1 sponsor and if a sponsor files and gets a H1 petition approved, you should leave and return with the visa.

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Forgot to ask,  with regards to filling new H1, it will be altogether a new cap exempt H1 in this case, right? . I guess, it will not be based on approved I140, correct?, assuming I140 is still active.  Just to be clear, if employer withdraws I140 after terminating employment. 

 

(or) assuming I140 is not  withdrawn after termination, is it possible to use that for H1 transfer whilst you have already applied for COS to B2, instead of applying for new cap exempt H1.   is there any difference at all?.   Looks like , one would be H1 transfer using approved I140  and the other would be new cap exempt H1.

 

Understand, In either case, will have to start GC all over again, good news is, I can retain my PD. Wish things were simple as there are not many tensions already. Pity my life.

 

Thanks and sorry to bother you all with my useless queries.

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Once your I-140 is revoked future extensions of H1 status will not be possible based on that approval. Any previous H1 extension say for 3 years based on an approved I-140 will stand.

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