Employer Laid Off H-1B - Can Wife continue on H-4 EAD

[Venus2019]

Hi Guys,

I was laid off from Employer "A" on Feb 4, 2019. I have 60 day grace period to find work. Current status with Employer "A" H-1B (Expires Oct 2020). My wife is on H-4 with EAD, which expires on Oct 2020. I have an approved I-140 more than 180 days.

 

As per the Employer "A" Immigration lawyer, my wife could continue working during the laid off 60 days grace period. I believe the Employer "A" will revoke the H-1B/H-4/I -140.

I finally found new Employer "B", who will sponsor H-1B with premium processing.

Question
1) Can new Employer "B" transfer H-1B/H-4, even if previous employer "A" has revoked H-1B/H-4?

2) If the transfer is not possible, can the new Employer "B" get new H-1B /H-4, based on approved I-140 from previous Employer "A"?

3) How do I remain in valid status, with new employer "B" - just filing for new H-1B or have to receive Receipt of Notice.

4) During the transfer/ or new H-1B/H-4. Can my wife continue working in current H-4 EAD outside of 60 days grace period?

 

Your advice in this matter will be highly appreciated.

[pontevecchio]

1. Yes. A has to revoke your H1 by law once you leave. 

2. A "transfer" is a H1 petition by any other employer. Yes.

3. Once you have the receipt before April,4. you are fine.

4. A "transfer" is always a new H1 petition. I suspect not. 

[JoeF]

An H4 is not tied to an employer, so no employer can ever revoke that.

An employer is required by law to inform USCIS that you no longer work there. That results in H1 revocation.

After the 60 day grace period after layoff, both H1 and H4 become invalid, unless you have the receipt for an H1 transfer and started working for the new employer.

If the H1 is filed after the grace period both you and your spouse have to leave the country, and you can com back once the new H1 is approved.

[shekar11#]

11 hours ago, Venus2019 said:

Hi Guys,

I was laid off from Employer "A" on Feb 4, 2019. I have 60 day grace period to find work. Current status with Employer "A" H-1B (Expires Oct 2020). My wife is on H-4 with EAD, which expires on Oct 2020. I have an approved I-140 more than 180 days.

 

As per the Employer "A" Immigration lawyer, my wife could continue working during the laid off 60 days grace period. I believe the Employer "A" will revoke the H-1B/H-4/I -140.

I finally found new Employer "B", who will sponsor H-1B with premium processing.

Question
1) Can new Employer "B" transfer H-1B/H-4, even if previous employer "A" has revoked H-1B/H-4?

2) If the transfer is not possible, can the new Employer "B" get new H-1B /H-4, based on approved I-140 from previous Employer "A"?

3) How do I remain in valid status, with new employer "B" - just filing for new H-1B or have to receive Receipt of Notice.

4) During the transfer/ or new H-1B/H-4. Can my wife continue working in current H-4 EAD outside of 60 days grace period?

 

Your advice in this matter will be highly appreciated.

There is no thing called transfer. New employer B can file for your H-1 and can also file for your spouse H-4 also together.

You are in status because of 60 day grace period. You need to get your receipt before April 4th 2019.

She can continue working. No issues.

[adshah84]

1) There is nothing like H1b tranfer. It will be new CAP exempt petition 

2) Employer B can file new CAP exempt petition based on your approved I140

3) By start working with Employer B as soon as you receive receipt

4) Yes