H1-B Extension in progress/visa expiry soon and layoffs

[usa83]

Dear Friends,

need your suggestion. I work in US based employer. There is a news floating around layoffs in large numbers in coming 2 weeks. I am in limbo situation. I have I-140 which was approved 6 months ago. My H1B ext is in progress and my visa is going to be expired on 31st Jan. Can you please let me know if i face this difficult situation then what are the options for me ?

1. What will happen to H1B ext which in progress since 5 months?
2. Will I be in valid status after 31st Jan ?
3. Will I be able to transfer H1B to other employers after 31st Jan based on I-140 ?

Thanks a lot Friends for your help.

[ms81516]

Dear Friends,

need your suggestion. I work in US based employer. There is a news floating around layoffs in large numbers in coming 2 weeks. I am in limbo situation. I have I-140 which was approved 6 months ago. My H1B ext is in progress and my visa is going to be expired on 31st Jan. Can you please let me know if i face this difficult situation then what are the options for me ?

1. What will happen to H1B ext which in progress since 5 months?
2. Will I be in valid status after 31st Jan ?
3. Will I be able to transfer H1B to other employers after 31st Jan based on I-140 ?

Thanks a lot Friends for your help.

Hi,

I have been recently in this situation with little different scenario than your's. Based on my findings and understanding after reviewing suggestions on different communities and discussion with my attorney, please see my reply below.

1. What will happen to H1B ext which in progress since 5 months?
My H1B ext took 10 months to get the decision. So don't worry, it's quite usual these days that USCIS takes more than 8 months to approve. At least that's what at Vermont, CA.

2. Will I be in valid status after 31st Jan ?
It's valid only if you still continue working for the same employer who filed your H1B ext. Here is the rule details.

This is the H1B visa 240 day rule where an individual can continue to work for the current employer for up to 240 days after the current H-1B visa expiration if he/she is waiting for the USCIS decision.
8 C.F.R. § 274a.12(b)(20)
(20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to §§214.2 or 214.6 of this chapter.
These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay.
Such authorization shall be subject to any conditions and limitations noted on the initial authorization.
This rule does not allow you to stay beyond the expiration date requested in the petition for which you are awaiting the decision.

3. Will I be able to transfer H1B to other employers after 31st Jan based on I-140 ?
I don't have much information on this. May be other experience members of this group can guide.

Thanks

[usa83]

Hi,

I have been recently in this situation with little different scenario than your's. Based on my findings and understanding after reviewing suggestions on different communities and discussion with my attorney, please see my reply below.

1. What will happen to H1B ext which in progress since 5 months?
My H1B ext took 10 months to get the decision. So don't worry, it's quite usual these days that USCIS takes more than 8 months to approve. At least that's what at Vermont, CA.

2. Will I be in valid status after 31st Jan ?
It's valid only if you still continue working for the same employer who filed your H1B ext. Here is the rule details.

This is the H1B visa 240 day rule where an individual can continue to work for the current employer for up to 240 days after the current H-1B visa expiration if he/she is waiting for the USCIS decision.
8 C.F.R. § 274a.12(b)(20)
(20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to §§214.2 or 214.6 of this chapter.
These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay.
Such authorization shall be subject to any conditions and limitations noted on the initial authorization.
This rule does not allow you to stay beyond the expiration date requested in the petition for which you are awaiting the decision.

3. Will I be able to transfer H1B to other employers after 31st Jan based on I-140 ?
I don't have much information on this. May be other experience members of this group can guide.

Thanks

Thank you for your response and help. Sorry for the confusion. I meant to say that if I am laid off before Jan 31st, then what are the options for my 3 questions ? I am in really weird situation. Can someone please throw some lights ? Thanks a lot.

[usa83]

Thank you for your response and help. Sorry for the confusion. I meant to say that if I am laid off before Jan 31st, then what are the options for my 3 questions ? I am in really weird situation. Can someone please throw some lights ? Thanks a lot.

Can someone please advise ? Thank you so much for your help.