Visa status with termination of H1B extention visa based on pending green card process

[immihelp140204]

Hello all,

   I am trying to find out what options I have in my current situation.

My current employment with company A will be terminated on 02/20. I am currently on H1B extention visa based on pending EB3 green card process. My I-94 expires in 2016.
My green card was applied in EB3 and I140 was approved in 2010. Labor certification for upgrade to EB2 was recently applied and still being processed at USCIS.

So was hoping if anyone could clarify the following:

1. How long do I have to find my next job if I want to keep the H1B and also the associated green card priority date and not be out of status?

2. If I find a job, will the hiring company have to do new H1B sponsorship or transfer the existing H1B?

3. Does the transfer or new H1B by the hiring company have to be done before the termination date or within what time frame?

4. Does the hiring company have to file for green card process along with the transfer/new H1B Visa since current H1B is 9+ yr extention based on pending green card process?

5. If the hiring company have to file for green card process right away, will that have to be in EB3 or can that be in EB2?

6. If I did find a job but couldn't get the H1B applied before the termination date, will existing H1B expire right away?

7. If I did find a job but couldn't get the green card process applied before the termination date, will existing green card process expire right away?

8. If I cannot get a job by the termination date, will existing green card process and H1B extention also terminate right away?

9. If I cannot get a job by the termination date, are there any options that I have in order to stay but not be out of status?

10. Is there any grace period in order to stay and continue looking for jobs? If there is will that start after the termination date?

Greatly appreciate any guidance in this regard.

[jairichi]

Hello all,

   I am trying to find out what options I have in my current situation.

My current employment with company A will be terminated on 02/20. I am currently on H1B extention visa based on pending EB3 green card process. My I-94 expires in 2016.

My green card was applied in EB3 and I140 was approved in 2010. Labor certification for upgrade to EB2 was recently applied and still being processed at USCIS.

So was hoping if anyone could clarify the following:

1. How long do I have to find my next job if I want to keep the H1B and also the associated green card priority date and not be out of status?

2. If I find a job, will the hiring company have to do new H1B sponsorship or transfer the existing H1B?

3. Does the transfer or new H1B by the hiring company have to be done before the termination date or within what time frame?

4. Does the hiring company have to file for green card process along with the transfer/new H1B Visa since current H1B is 9+ yr extention based on pending green card process?

5. If the hiring company have to file for green card process right away, will that have to be in EB3 or can that be in EB2?

6. If I did find a job but couldn't get the H1B applied before the termination date, will existing H1B expire right away?

7. If I did find a job but couldn't get the green card process applied before the termination date, will existing green card process expire right away?

8. If I cannot get a job by the termination date, will existing green card process and H1B extention also terminate right away?

9. If I cannot get a job by the termination date, are there any options that I have in order to stay but not be out of status?

10. Is there any grace period in order to stay and continue looking for jobs? If there is will that start after the termination date?

Greatly appreciate any guidance in this regard.

1. On 2/21 you will be out of status. 

2. Transfer is basically like filing a new H1B petition. The only difference it is cap exempt.

3. The petition should reach USCIS and a receipt notice generated before your last day with current employer.

4. Not needed as long as I-140 is not revoked by employer A.

5. Refer 4.

6. You need to go out of US and once approved enter with a valid H1B visa and new I797.

7. Refer 4.

8. Only if employer A revokes I-140.

9. You can apply for a COS to B2 but mostly it would be denied as your I-140 is approved. Or else move to a dependent status if your spouse is on H1B or L1.

10. Zero days.

[immihelp140204]

Thank you for the feedback. I have a followup question.

 

I have not been able to get H1B applied so far and most probably I will be ending up applying for B2 tommorrow to stay in legal status. I have some options with getting an employer filing for H1B transfer in few days.

 

So I have the following questions..

 

• Do I need to cancel the B2 or leave it pending while the H1B transfer is being applied by the employer?
• If the H1B is applied by the employer and the receipt is received, can I then go ahead and withdraw the B2 application or until when do I wait?
• If I withdraw the B2 application since H1B has been applied and receipt received, will the time period between the termination date and the H1B transfer submission will end up back to being considered as out of status?
• If I didnt withdraw the B2 but meanwhile H1B got applied and approved and later B2 also got approved, which visa status will I be in at that point?
• What is the process to withdraw B2?

 

Thanks in advance and greatly appreciate feedback as this is urgent!