Layoff while post 6 year renewal is pending


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My wife's company is expecting a massive layoff. Her 6-year visa is expiring on 1 Sep 2017. Renewal is already pending at USCIS. She also has approved I-140, for over 2 years. Now my question is -

1. If she gets laid-off before 1st Sep, does she only have from then till Sep 1st to apply for new H1B with another employer?

2. What happens if layoff happens after 1st Sep. Would she have 0 days to transfer to a new employer, given she has an offer by than?

Any help is appreciated. We are also seeing legal guidance.

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  • 2 weeks later...

Since application is pending with USCIS, I heard that existing H1 pending receipt application can be used to file another H1, but the later H1 even if approved will get impacted if the existing pending application is denied (in which case exit US immediately requiring stamping).  Yes, please seek legal advice.


Which ever happens first between Employment Termination Date or I-94 validity date of expiry. 60 days grace period can be used only once per petition if applicants current I-94 validity date accommodates 60 days.

Establish a grace period of up to 60 consecutive days during each authorized validity period for certain high-skilled non immigrant workers when their employment ends before the end of their authorized validity period, so they may more readily pursue new employment and an extension of their non immigrant status.

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