Trynew Posted December 17, 2019 Report Share Posted December 17, 2019 My employer filed for H1B extension on Aug 5th. Current I-797 expired on Nov 21st. No update yet on the petition, filed at California service center. The employer is reluctant to file premium processing. In the meantime the company ( direct employer) has announced there will be lay-off beginning of January 2020. My green card petition was filed in EB2, passed I140 approval with priority date in 2012. What are my options if my employment is terminated. Do I still have 60 day grace period since my original petition has expired? Can I try to switch employer who can again file for extension with approved I140. thanks for your help. Quote Link to comment
User099 Posted December 18, 2019 Report Share Posted December 18, 2019 You don't get 60 day Grace period as your i94 is expired. New employer can file for your transfer under consular processing. Quote Link to comment
gopalakrishnach Posted December 18, 2019 Report Share Posted December 18, 2019 "since my original petition has expired " - since your original petition expired I feel your I94 expired in that case you have to leave US and you do not have 60 days grace period. Can I try to switch employer who can again file for extension with approved I140. - Yes they can file eventhough you are in India... Quote Link to comment
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