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H1b Status ???

Discussion in 'Nonimmigrant Visa Validity' started by Aagney, Apr 18, 2017.

  1. Aagney

    Aagney New Member

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    Hi All,

    I got laid off on feb 17th from full time job, I have my I140 approved so as per new rule I can stay for 60 days and search for new job..I lost 5 full time jobs because of H1b, went thru 5 rounds of interviews for most of them and finally got a reply ..sorry no h1b's, company policy changed... As per my previous company attorney I can take severance paycheck as bench mark and count 60 days from that day (May 17)...not sure if thats correct...as per the attorney if any company files for H1b transfer before May 17, I shoould be fine....

    Taking May 17th as bench mark

    1. How long can I wait for an employer for H1b transfer even after May 17th instead of filing for H4 and go for consular processing after h1b approval and Can I work on receipt during that process because H1b approval will take long time in current scenario.

    2. Incase I file h4 on May 16th and in between this I get an offer from an employer,
    Can the employer file for h1b ammendment even if the h4 is in process...and Can I start working on receipt of h1b ammendment filing or h1b has to be approved


    Please suggest
     
  2. donisback

    donisback Guru

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    You are out of status as of Feb 17th. Severance pay checks dont count as employment and being in status. Find a job quickly or file H4 to stay in status.

    H1b and H4 are independent but you would want to consult a lawyer if your h4 is filed and pending and than you file a new H4.
     
  3. Aagney

    Aagney New Member

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    then why my attorney said that way...As per you I am out of status as of feb17th, I am on approved I140 will I not get 60 days ?
     
  4. donisback

    donisback Guru

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    there is no grace period of 60 days on h1b. the moment you loose job , you are out of status.
     
  5. gc_now

    gc_now Junior Member

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    I think you'll have 60 days grace period to find another job or leave the country. However, you might have to apply for consular processing since you were out of status on Feb 17th, if you find another job before April 17th. Also, I can't understand, how 60 days from Feb 17th would be May 17th?

    I am not a lawyer.
     

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