Kiron Posted March 27, 2017 Report Share Posted March 27, 2017 Hi Team, I am in need of some crucial immigration advice from you with latest immigration law regarding H1B : Scenario : My current employer is an IT firm with presence in US and India, passing through some difficult times with having no projects. Hence they have given me 2 weeks of notice to serve and leave the organization. I do hold an approved I-140 with this employer. In this circumstance I do see the flowing options where I would need precise and up-to-date immigration advice. Options : - - Can I stay legally for 2.5 months (2weeks of notice followed by 60 days of grace period) within US and search for my new employment without getting ‘out-of-status’ ? - - Will this ‘grace period’ of 60 days have any impact in my future job or W2 ? - - What will be the consequences with my active I-140 (active from last 3months) if my employer doesn’t revoke it ? Do I need to start a new I-140 application with the my future employer for H1B extension/transfer. - - My current company ‘A’ holds my H1b visa till Oct,2018 . Now, if I transfer it to my future employer ‘B’ would I be able to Join back company ‘A’ before Oct,2018 and use the same H1B petition again? - - In worst case scenario if I am not able to find an employer within this 2.5 months. Can I transfer my H1b to H4 (by marrying my fiancé who is on H1B) and later on once I get any job,can change my H4 to H1 (which I assume will be dormant) what will be the formalities ? Link to comment
Ask@Murthy Posted March 27, 2017 Report Share Posted March 27, 2017 With approved I140, H1B extension is possible with any employer if your current employer did not revoke it. After 180 days of approved I 140, even if the employer revokes it, H1b extension is possible. Link to comment
adshah84 Posted March 27, 2017 Report Share Posted March 27, 2017 Quote Can I stay legally for 2.5 months (2weeks of notice followed by 60 days of grace period) within US and search for my new employment without getting ‘out-of-status’ ? YES - - Will this ‘grace period’ of 60 days have any impact in my future job or W2 ? NO - - What will be the consequences with my active I-140 (active from last 3months) if my employer doesn’t revoke it ? Do I need to start a new I-140 application with the my future employer for H1B extension/transfer. Not for H1b extension/transfer but for GS yes - - My current company ‘A’ holds my H1b visa till Oct,2018 . Now, if I transfer it to my future employer ‘B’ would I be able to Join back company ‘A’ before Oct,2018 and use the same H1B petition again? No. You will have to file H1b transfer again - - In worst case scenario if I am not able to find an employer within this 2.5 months. Can I transfer my H1b to H4 (by marrying my fiancé who is on H1B) and later on once I get any job,can change my H4 to H1 (which I assume will be dormant) what will be the formalities ? Yes you can do that Link to comment
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