houstonind Posted March 27, 2015 Report Share Posted March 27, 2015 Hi experts, I am currently on H1B extension beyond 6 years on an approved I140. If I loose job now, Will I loose my status immediately ?. is there any grace period to stay and look out for a new employer and transfer my H1B based on approved I140 , assuming my I140 is not cancelled by my employer. Are there any other means to continue to stay without violating any rules?. Read some where , I can change the status to B2. if so, latter, If I find a job, Is it possible to transfer back to H1B from B2 using the approved I140 ?. Thanks in advance for your invaluable feedback !. Link to comment
rahul412 Posted March 27, 2015 Report Share Posted March 27, 2015 Yes, there is no grace period during H1. So B2 is the only option you have, you can use your I140 for H1 ext beyond 6 yrs. Link to comment
houstonind Posted March 29, 2015 Author Report Share Posted March 29, 2015 Thanks, Rahul412. Sorry, another question. While my H1 to B2 is in progress, If I get a job, Can I parallel transfer my H1 to new employer using my approved I140 ?, or Do I have to wait for H1 to B2 to come through first ?. Also, If H1 to B2 is successful, Will that void my approved i140 with my current employer . Link to comment
rahul412 Posted March 30, 2015 Report Share Posted March 30, 2015 Thanks, Rahul412. Sorry, another question. While my H1 to B2 is in progress, If I get a job, Can I parallel transfer my H1 to new employer using my approved I140 ?, or Do I have to wait for H1 to B2 to come through first ?. Also, If H1 to B2 is successful, Will that void my approved i140 with my current employer . I think you can do it, but I am not sure. Link to comment
pontevecchio Posted March 30, 2015 Report Share Posted March 30, 2015 Apply for a COS to B2 with reasons and proof of finances. If you get a new H1 sponsor before decision, leave and return with the H1 visa. Link to comment
h1_seeker Posted March 31, 2015 Report Share Posted March 31, 2015 Is it possible to subsequently change status from B2 to H1 with approved I140. Has anyone here done that? Link to comment
pontevecchio Posted March 31, 2015 Report Share Posted March 31, 2015 The decision on your COS to B2 will take months. You are allowed to wait for the decision in case of a non frivolous application. Based on your approved I-140 the possibility of denial of the COS looms large. But you can wait for their decision and stay legally till then. The reason to apply for a COS to B2 is to get a few months to actively look for a H1 sponsor and if a sponsor files and gets a H1 petition approved, you should leave and return with the visa. Link to comment
houstonind Posted April 3, 2015 Author Report Share Posted April 3, 2015 Thanks for the kind responses. Link to comment
houstonind Posted April 3, 2015 Author Report Share Posted April 3, 2015 Forgot to ask, with regards to filling new H1, it will be altogether a new cap exempt H1 in this case, right? . I guess, it will not be based on approved I140, correct?, assuming I140 is still active. Just to be clear, if employer withdraws I140 after terminating employment. (or) assuming I140 is not withdrawn after termination, is it possible to use that for H1 transfer whilst you have already applied for COS to B2, instead of applying for new cap exempt H1. is there any difference at all?. Looks like , one would be H1 transfer using approved I140 and the other would be new cap exempt H1. Understand, In either case, will have to start GC all over again, good news is, I can retain my PD. Wish things were simple as there are not many tensions already. Pity my life. Thanks and sorry to bother you all with my useless queries. Link to comment
pontevecchio Posted April 4, 2015 Report Share Posted April 4, 2015 Once your I-140 is revoked future extensions of H1 status will not be possible based on that approval. Any previous H1 extension say for 3 years based on an approved I-140 will stand. Link to comment
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