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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 08-03-2007, 08:38 PM
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Question H1B and I-485 when laid off

I have a situation to explain, this may be long.

Myself and my husband have been working on valid H1B and I filed for I-140 this Feb (EB2, TSC), which is still pending.
My husband got laid off this June 29th. After discussing with a few attorneys, we filed for I-485 (with EAD and AP for my husband) on July 21, haven't gotten receipt yet.
We first thought about changing my husband's status to H4, but our attorney said it is not necessary since he status is fine with 485 pending. Now my husband has a few companies showing interest to him and their main concern is H1B. According to our attorney, he could file for H1B with new employer (he doesn't have to worry about the H1B cap) and start to work right away.
Is this correct?
We are worried that he may lose the new job opportunity due to H1B problem...
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Old 08-03-2007, 09:41 PM
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Default H1B Transfer

.There is a grace period 30-60 days after laid off, so he can transfer his h1b to new employer. If he has 3-6 months on current h1 then he would be fine..


Quote:
Originally Posted by mk2007
I have a situation to explain, this may be long.

Myself and my husband have been working on valid H1B and I filed for I-140 this Feb (EB2, TSC), which is still pending.
My husband got laid off this June 29th. After discussing with a few attorneys, we filed for I-485 (with EAD and AP for my husband) on July 21, haven't gotten receipt yet.
We first thought about changing my husband's status to H4, but our attorney said it is not necessary since he status is fine with 485 pending. Now my husband has a few companies showing interest to him and their main concern is H1B. According to our attorney, he could file for H1B with new employer (he doesn't have to worry about the H1B cap) and start to work right away.
Is this correct?
We are worried that he may lose the new job opportunity due to H1B problem...
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  #3 (permalink)  
Old 08-04-2007, 05:27 PM
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Default

Quote:
Originally Posted by GCUser1
.There is a grace period 30-60 days after laid off, so he can transfer his h1b to new employer. If he has 3-6 months on current h1 then he would be fine..
Is it true? Some people told us there is no grace period... then he doesn't need to go back to our country for new H1B stamp?
Also if he goes back to our country for new H1B stamp, will his I-485 be canceled?
Thank you very much for your replies!
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Old 09-07-2007, 09:39 PM
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Default

Yes, I'm on same situation and I got that response from corporate lawyer..


Quote:
Originally Posted by mk2007 View Post
Is it true? Some people told us there is no grace period... then he doesn't need to go back to our country for new H1B stamp?
Also if he goes back to our country for new H1B stamp, will his I-485 be canceled?
Thank you very much for your replies!
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Old 09-07-2007, 10:29 PM
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Technically - there is no grace period whatsoever, it is a myth. You are immediately out of status when you are no longer employed by your H1B sponsor.
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