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Maintaining status after being laid off on H-1B visa

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  • Maintaining status after being laid off on H-1B visa

    Hi all, I was laid off today (March 26, 2018) and I am on an H-1B visa. I applied for Change of Status to H-4 EAD based on my husband's approved I-140 in November 2017. My H-4 visa starts on May 1, 2018. I want to know whether I need to apply for COS again right now in order to maintain status and continue living in the US, or will I maintain status until May 1 when my H-4 visa kicks in? My current H-1B is approved through April 2020.

  • #2
    Originally posted by as86 View Post
    Hi all, I was laid off today (March 26, 2018) and I am on an H-1B visa. I applied for Change of Status to H-4 EAD based on my husband's approved I-140 in November 2017. My H-4 visa starts on May 1, 2018. I want to know whether I need to apply for COS again right now in order to maintain status and continue living in the US, or will I maintain status until May 1 when my H-4 visa kicks in? My current H-1B is approved through April 2020.
    You remain in status for 60 days after leaving your job, unless your I-94 expires earlier. So if your I-94 expires at the same time as your petition (in 2020), you will still be in status when your H4 status change takes effect.

    This is my personal opinion and is not to be construed as legal advice.

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