H1-B transfer near/after MaxOut (at end of/after 6th Year) if I-140 revoked by employer or current H1-B cancelled by employer.


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Hi,

I may get layoff by my employer due to lack of projects in a few weeks as per company policy as currently I got released from my project.

I am reaching my H1-B MaxOut by 3rd week of July 2017. I have a copy of my approved I-140 and it got approved just 2 months ago. And, my 3 years H1-B Extension based on I-140 has been filed and is in process. 

If my employer terminates me or forces me to resign, what options will I have?

1. Am I eligible for 60 days Grace Period after I go out of status/termination/out of work? or 60 days grace period will be limited to H1-B Max Out only. My current I-94 is already expired this month.

2. Per Company policy, my employer will revoke my I-140 within 60 days after termination and may cancel H-1B also. What will be impact of this and generally how much time it takes for cancellation/revoke process? Can my employer cancel/withdraw my H-1B extension petition also?

3. In the above scenario, Can I still transfer my H1-B to another employer and get 3 years or such extension based on my I-140? And will I get H-1B transfer legally without issues? Do I need to go for Consular processing in this case for stamping?

4. Will it anyway impact my legal status/Green Card process/H-1B process in future/current state?

5. With new employer, most probably project will be in another state, So, do I need to file H-1B Amendment also or H1-B transfer will take care of location change and extension as well? 

6. If my current employer agrees to sends me India instead of termination, will that be a safer choice instead of changing employer and losing my approved PERM and I-140?

Looking for the prompt and confirmed responses.

Thanks.

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