Approved I-140. Lost Job Nearing 60 day grace period for H-1B status


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Hello folks,

 

I need some clarification regarding CFR 214.2(h)(13)(iii)(e)(3). The regulation states the below. I have an approved I-140 from Employer A 3 years back. Switched to Employer B and was laid off after a few months. Now I'm actively pursuing jobs. But am nearing the 60 day grace period to maintain H1B status. The below regulation states that I don't need to be in H1B status to get a new H1B if my I-140 is approved. Am I reading this right? For a new company, I assume that I don't need to produce recent payslips to prove status and can apply with I-140 alone?

 

"(E) Per-country limitation exemption from section 214(g)(4) of the Act. An alien who currently maintains or previously held H-1B status, who is the beneficiary of an approved immigrant visa petition for classification under section 203(b)(1), (2), or (3) of the Act, and who is eligible to be granted that immigrant status but for application of the per country limitation, is eligible for H-1B status beyond the 6-year limitation under section 214(g)(4) of the Act. The petitioner must demonstrate such visa unavailability as of the date the H-1B petition is filed with USCIS.

 

(3) Current H-1B status not required. An alien who is not in H-1B status at the time the H-1B petition on his or her behalf is filed, including an alien who is not in the United States, may seek an exemption of the 6-year limitation under 214(g)(4) of the Act under this clause, if otherwise eligible."

Edited by H1Bprofessional123
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