I-140 approved, 7th yr on H1b getting laid off


syatrip

Recommended Posts

Hi Everyone,

 

I am currently on my 7th year of my H1b, and i have my H1b stamped until Dec 2015. I 140 is approved Eb3.

Getting laid off in August 2014 and i am expecting a baby in end of August.

 

1. Even though i have completed 6yrs on H1B, can i switch jobs based on my I-140 approval?

2. once i get laid off in August 2014, can i take a break for 2-3 months and still stay on the H1B and then transfer to a new company?

 

3. If i can't take a break for 2-3 months in August, then it is better to transfer on H4 based on my husbands H1? but if i transfer on H4 then can i get back on H1 after couple of months?

 

please let me know

thanks

Link to comment

Hi Everyone,

 

I am currently on my 7th year of my H1b, and i have my H1b stamped until Dec 2015. I 140 is approved Eb3.

Getting laid off in August 2014 and i am expecting a baby in end of August.

 

1. Even though i have completed 6yrs on H1B, can i switch jobs based on my I-140 approval?

2. once i get laid off in August 2014, can i take a break for 2-3 months and still stay on the H1B and then transfer to a new company?

 

3. If i can't take a break for 2-3 months in August, then it is better to transfer on H4 based on my husbands H1? but if i transfer on H4 then can i get back on H1 after couple of months?

 

please let me know

thanks

1. Yes.

2. No, as you will be out of status you have to immediately find a new employer.

3. Yes, you can move to H4 and you can move back to H1B as long as I140 is not revoked.

Link to comment

Archived

This topic is now archived and is closed to further replies.