View Full Version : Urgent -- Full Time Employee laid off in non IT field

02-18-2016, 05:22 PM
I currently hold H1-B from a large American Corporation. Until today, I was a full time employee of this corporation and got laid off today. The Job Title on H1-B is “Senior Lubrication Engineer’ with SOC Code '17-2112' and SOC Occupation Title of ‘Industrial Engineers’. I have been working with this company for about 4 years. Prior to taking up this job I did my masters in the USA. I had previous work experience in IT in India and now I am considering switching back to IT. I have a few questions -
1. Am I allowed to transfer my H1-B to an IT Consulting Firm with the current job title that I have or is that not allowed?
2. How much time do I have before which I need to transfer my H1-B to continue a legal stay in the USA
3. I have an approved I-140 from this corporation and my wife works on a H4 EAD. The EAD is valid till 2018. Can she continue to work or does my situation jeopardize her eligibility for employment in the USA
Please help and answer these. Thank you.

02-18-2016, 05:34 PM
I am sorry for your situation. Will try to answer your questions:

1. You are allowed to transfer your H1 with any employer and any job.
2. Legally, you don't have any time, but do it asap, USCIS may ignore a little gap. But, again, it is upto them. They might reject the petition or approve without I-94. In both cases, you have to leave the country and come back with a new visa.
3. Unfortunately, your wife's EAD is invalid, since her H4 status is also invalid the moment your H1 gets invalid. I know it is very painful but they have tied these 3 things together.

Good luck.

02-19-2016, 04:04 PM
If you have EAD (I am assuming you have EAD as you have approved 140 and wife is on EAD), find the job ASAP (in same or similar category) and join the company using EAD. Your wife is also on EAD so you both can stay here and work on EAD. DO not need to worry about H1B transfer as it will create more issues if you do not have pay stub.

This is my personal advise but you should check immigration attorney to make sure you are not out of status during this time. I hope this will help you.