H1B Visa - Work Status

[thirumalair]

Hello,

 

I am looking for urgent help to have some direction on H1B Visa Status. Currently I lost my Job being H1B visa holder. My employer revocked the sponsorship. I am not sure how long I can stay (2 weeks or a month not sure) in US to search for another job or employer. Could someone you please help me on this?

 

Also my 140 was approved  and I had 10 mnths left on my H1B Visa until I had job. If I find a new employer, do they need to start the process all over again from 140? or what would be the process after transfering H1B.

 

Need some dircteion on these. Thanks in advance!

 

Sincerely,

Thiru

 

[JoeF]

You are out of status from the moment of lay-off. You should have filed a COS to some other status, e.g., B2 immediately. Do it NOW! Every day counts.

[omshiv]

Approach an good qualified Attorney today itself.  Your new employer will have to start the GC process from scratch. I believe you should be able to retain the PD...unless your previous employer revoked I-140 too.

[rahul412]

 I am not sure how long I can stay (2 weeks or a month not sure) in US to search for another job or employer. Could someone you please help me on this?

 

Zero days, file COS to B2 ASAP.

[chakrakr]

Approach an good qualified Attorney today itself.  Your new employer will have to start the GC process from scratch. I believe you should be able to retain the PD...unless your previous employer revoked I-140 too.

OP has to start the process but PD can be retained even if old Employer revokes 140 (except if it is revoked for fraud)

[omshiv]

OP has to start the process but PD can be retained even if old Employer revokes 140 (except if it is revoked for fraud)

Hmm. Ok thanks for clarifying

[thirumalair]

^{Thank you all for the directions. I am in a critical situation now, looking for your direction. here are the details.}

 

^{My H1B transfer is approved for new employer. But the new employer said they cannot apply for Green Card. so my questions are.....}

 

^{1) Can i legally stay in US without applying Green Card and work for new employer? or the new employer SHOULD apply for green card ?}

 

^{2) If I can not work (for the above case), what are the options for me?} 

 

^{Please let me know the details ASAP so I can talk to my employer tomorrow. Thanks in advance!}

[rahul412]

^{Thank you all for the directions. I am in a critical situation now, looking for your direction. here are the details.}

 

^{My H1B transfer is approved for new employer. But the new employer said they cannot apply for Green Card. so my questions are.....}

 

^{1) Can i legally stay in US without applying Green Card and work for new employer? or the new employer SHOULD apply for green card ?}

 

^{2) If I can not work (for the above case), what are the options for me?} 

 

^{Please let me know the details ASAP so I can talk to my employer tomorrow. Thanks in advance!}

You can work as long as your H1 is valid. GC is for future employment. If in case your GC is processed and your H1 period of 6 yrs expires then based on your I140 approval you can get your H1 ext after 6 yrs.

 

It's not mandatory that your employer has to apply your GC.

[JoeF]

You can stay up to the maximum of 6 years on the H1.

If the employer doesn't file PERM for you, you'd have to leave when the 6 years are over.