H1B - EB3 (I - 140 approved) - Terminated

[TobeLucky]

Hello Forum Members,

 

I'm in a tight situation and would really appreciate for any guidance.

 

I was working for a company for the last 7 years which is holding my H1. They filed GC in EB3 category and it is I - 140 approved.

 

Due to company wide re-organization I was given a two week notice which ends mid of next week.

 

I'm trying to find an employer who can carry over H1 in order to keep my status active.

 

In such cases what are my options to keep the status active.

 

I would appreciate for any clarifications on the following

 

1. Will I be out of status the next day of the deadline date?

 

2. Will it be the date that USCIS takes action once the company notifies it of the deadline date?

 

3. How long does USCIS usually take note of the same?

 

4. If I find a H1 carrier, a project and the transfer is filed after the deadline date is it legal to stay in US until the approval notice is received?

 

Thanks

TobeLucky

[jairichi]

1. Yes.

2. Last day of employment.

3. Does not matter as you are out of status from last day of employment.

4. Typically NO. If the delay is a week or two you might be fine to stay.

 

Better is to file a COS to B2 before last day with employer. This will help you to look for jobs. Once H1B is approved you can withdraw COS to B2 petition.

[rahul412]

You will be out of status from the next day of your two week period. It doesn't matter USCIS is notified or not, that's irrelevant.

Yes, you can stay in US while your H1 is processing.

[TobeLucky]

Hello Members,

 

Appreciate for the quick turnaround and providing the guidance.

 

Further, I do have one more question

 

Can I use current H1 for the future employment while I filed COS to B2? Or does it have it to be a new H1 filing going against the cap?

 

Please see that I have an approved I - 140. Will this make any difference? If so how?

 

Ravi

[jairichi]

Hello Members,

 

Appreciate for the quick turnaround and providing the guidance.

 

Further, I do have one more question

 

Can I use current H1 for the future employment while I filed COS to B2? Or does it have it to be a new H1 filing going against the cap?

 

Please see that I have an approved I - 140. Will this make any difference? If so how?

 

Ravi

If your I-140 is not revoked then you are eligible for 3 year extensions. If I-140 is revoked then an employer can file a cap exempt H1B petition and get an approval with validity date till the expiry date of your current I797/I94.

[rahul412]

Once you leave this employer then that H1 is gone, but your next H1 can be filed at any time since its a cap exempt petition.