H1B Termination Question

[Kiron]

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 ?

[Ask@Murthy]

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.

[adshah84]

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