H1 layoff,i140 approved


DharaP

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Posted

Hello,

           

 I would like to get answers for following questions based on my case as shown below.

 

Case Details:

 

Layoff Date: 03/31/2015 (No prior notice was provided)

Original H1B: Valid from 02/05/2014 Until 02/04/2017

Latest Entry into US: 01/01/2015

Last Paystub received: 05/08/2015

 

Based on these dates/timeline, I would like to know answers to these questions:

 

1.       Till what date, it is “safe” for me to stay in US and try to find new employer?

2.       If I am past “safe date”, What are my options to still remain in US and look for employment? 

 

My I-140 was approved after lay-off, so is my -i140 going to be revoked or carry forwarded by the new employer? Is my PD going to be same? I would like to file for my wife's EAD as soon as possible.

Posted

1. 05/08/2015.

2. You should have filed for a COS to B2 to look for a job. Now, you have no option other than to exit US.

You need to ask employer whether they are going to withdraw approved I-140. It cannot be forwarded to any employer. New employer has to start from beginning. You might be able to retain PD. If they do revoke your approved I-140 your spouse is not eligible for EAD.

  • 3 weeks later...
Posted

So how do we know if our 140 has been revoked or not. I have found a job and they have filed our LCA, unfortunately the USCIS is not premium processing the h1s till the 27th July.

Posted

So how do we know if our 140 has been revoked or not. I have found a job and they have filed our LCA, unfortunately the USCIS is not premium processing the h1s till the 27th July.

Ask employer.

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