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Hi,
I am requesting advice on the following situation:
My situation:
- I have been in the US for more than 6 years.
- My current employer filed I-140 and PERM for me in 2012 (approved in Nov of 2012, with priority date of March 2012 - EB2 India).
- In Nov 2013 my H1-B extension was filed.(H1-B petition was approved, with validity until Oct 2016.)
- I was laid off last week(Sep-12-2014), and my employer says that he can hold my H1-B until 26-Sep-2014 (after which he intends to revoke it).
- My spouse holds an H1-B with different company.
My Questions:
- Can I move as my spouse's dependent (H4) to maintain status ? If so, when should I apply for the COS - Immediately, or wait until my employer revokes the H1-B ?
- Suppose that I am offered a similar position about 2 months after I move to H4, will I be able to use the "receipt number" for activation of the H1-B that was earlier approved for me ?
- If the answer to previous question is Yes, up until what time will I be able to re-activate the H1B ? Are there any conditions attached to the reactivation process ?
- What happens to the approved I-140 ? Can I ask my prospective employer to use the case/ receipt number for I-140 as well ?
Please advise if I have missed some point apart from these questions.
Thanks,
younme
I am requesting advice on the following situation:
My situation:
- I have been in the US for more than 6 years.
- My current employer filed I-140 and PERM for me in 2012 (approved in Nov of 2012, with priority date of March 2012 - EB2 India).
- In Nov 2013 my H1-B extension was filed.(H1-B petition was approved, with validity until Oct 2016.)
- I was laid off last week(Sep-12-2014), and my employer says that he can hold my H1-B until 26-Sep-2014 (after which he intends to revoke it).
- My spouse holds an H1-B with different company.
My Questions:
- Can I move as my spouse's dependent (H4) to maintain status ? If so, when should I apply for the COS - Immediately, or wait until my employer revokes the H1-B ?
- Suppose that I am offered a similar position about 2 months after I move to H4, will I be able to use the "receipt number" for activation of the H1-B that was earlier approved for me ?
- If the answer to previous question is Yes, up until what time will I be able to re-activate the H1B ? Are there any conditions attached to the reactivation process ?
- What happens to the approved I-140 ? Can I ask my prospective employer to use the case/ receipt number for I-140 as well ?
Please advise if I have missed some point apart from these questions.
Thanks,
younme
