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EMR

Urgent info required- last day to file H1B transfer with approved I-140

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Hi all!
 

My last day of work is 30th April. H-1B visa is expiring on the same day, actually that’s my contract end date. Current employer is not finding any other position for me. However my 194 is valid till 10th May 2021. 
Am I eligible for 60 days grace period (from 1st May - 30th June 2021)? 

If not do I have to leave the country by 10th May? 

If I find a new employer till what date the new employer can file for new H-1B based on an approved I-140 approved (approved 7 years back).

Thanks in advance! 

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Your new employer's paperwork should reach USCIS before May 10th.

Can you file change of status immediately to H4/B2 as your I94 is expiring May 10th?  

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When the H1 expires you have a 10 day grace period. Your I-94 already reflects that. There is no 60 day period in your situation.

Edited by JoeF

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Thanks so much for replying. 
 

If my spouse and I apply for a change of status to B2 visa (my kids are US citizens) can I still apply for a job? Once I do get a job can I start the job immediately or do we need to step out of the country to get our visa stamped? 
 

Kindly let me know, thanks! 

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13 hours ago, EMR said:

Thanks so much for replying. 
 

If my spouse and I apply for a change of status to B2 visa (my kids are US citizens) can I still apply for a job? Once I do get a job can I start the job immediately or do we need to step out of the country to get our visa stamped? 
 

Kindly let me know, thanks! 

While your B2 status is still pending, your new employer will be able to file your H1b COS, but I think it will be consular processing, to avoid an RFE.  Once your H1b is approved, attorney may be able to file an amendment so you do not have to go out of USA.  You may be able to start work with your new employer only after this amendment is approved. Pl. consult an experienced immigration attorney.

Situation may be different if you have an already approved B2 and are filing COS to H1b with a new employer.  

 

Edited by Zodiac System

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