Earlier working with H4-EAD -Got H1 Approved - Company Terminated next day


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Asking for a friend ....


I have a different scenario.
Can you please help me out.
I work for a company ABC with H4 EAD which is valid till 2022 and in bench without pay since Nov mid 2020.
The same ABC company already filed for H1B during Apr 2020 and it got picked up in lottery. Upgraded to premium and changed to RFE by Nov end and after providing supporting documents it got approved by Jan 1st week.

Since Nov 20 till my H1B got approved (1-5-21) I haven't generated any paycheck ( via H4-EAD as i was on bench with ABC company ).

Now my company ABC "terminated" me on 11-Jan. I'm really clueless and down here with questions hoping to get some suggestions from this reliable forum. 

1.Which status i'm IN now.
2.If in H1B, is it still valid? I haven't generated any paychecks with that H1B but before that  I'm  being terminated out of the company ABC. And also, I haven't received my approved petition papers yet.
3.What happened to my H4 and EAD?
4.Do I need to look for job in another 60 days and if not do I need to file for COS ?

I'm not clear with what exactly has to be done now ? Confused !! Can you guys provide your thoughts here.

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You are right now in H1B, the moment you applied to H1B from H4 status it was you requested COS.

Now, since the employer did not pay and terminated your employment after H1B approval you need to find another employer who is willing to transfer H1B.


Yes, you need to find another job and both you & your employer are accountable for your stay & taxes along with legal status while you were working for them.

They are supposed to pay right from the day1 of your approval of H1B, not sure how they managed without payment, both will get into legal complications while filing for gc and/or taxes.

Your best bet will be find another employer and join their payroll, get in touch with an attorney and explain your situation.   

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