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Team,
Below is the situation:
'X' has completed 7 years 3 months in US on H1B with I140 approved (2 years 3 months ago) with Employer A. X transferred to new Employer B 3 months ago(from now) as she had approved I-140. New employer has not YET started any GC processing(no PERM etc). Now 'X' has left with 3 weeks to find the job else employer 'B' can lay off her or ask her to return back to her home country. X's spouse has NOT completed his 6 years on H1B(as he shall complete 5 years of his H1B in next 4 months from now) and currently his GC processing is going on and PERM yet to be approved. X do NOT want to return back to her home country and stay in USA only.
Can you please respond to the below queries:
1) Can X safely change the status of her H1B to H4 without impacting her GC and not violating any legal stay?
2) If "no" what options can X have?
3) If "yes" to query#1, when should she(latest and not staying illegaly) submit the COS from h1B to H4- 3 weeks from now if she does not find job or 60 days post lay off from employer B?
4) Instead of employer B laying off her, can X resign from the employer B(because employer B is giving option to work from home country), at the end of the 3 week window(job seeking) and then will 'X' have 60 days to find another H1B employer or COS from H1B to H4 paper work submitted? if COS to be done, can the paperwork be submitted at 58th day and be valid stay in USA?
5) What happens once COS to H4 is submitted and then while waiting few weeks/months for H4 approval, if 'X' finds now another new employer C who can file H1B- what is the process with it? COS from h4 to H1B(of employer C) or H1B transfer as COS from H1B(of employer B) to H4 is in progress.
6)With condition stated in query#5- Should 'X' wait for her first COS(H1B of employer B to H4) get approved and then apply or doesn't matter? What would happen if COS from H1B to H4 gets approved after X got her H1B approval(with Employer C)? Can 'X' cancel her COs application(H1B to H4) once she receives the new latest h1B approval?
7) With approved I-140 (of employer A), can X stay safely in US until she finds new employer to make her come back to H1B anytime? Will she need to wait for 1 year in H4 or stay outside US for 1 year and then apply again for fresh H1B?
8) X can go on H4 EAD only when her spouse I-140 is approved and X's spouse apply for her EAD-correct?
9) Trust- under all these approval comes, 'X' should NOT travel outside US- correct?
10) 60 days of grace period refers to 60 calendar days or 60 business days? This is applicable only when employer lays off employee or employee resigns from employer or both?
Please let me know.
Thanks
Rohit.
Below is the situation:
'X' has completed 7 years 3 months in US on H1B with I140 approved (2 years 3 months ago) with Employer A. X transferred to new Employer B 3 months ago(from now) as she had approved I-140. New employer has not YET started any GC processing(no PERM etc). Now 'X' has left with 3 weeks to find the job else employer 'B' can lay off her or ask her to return back to her home country. X's spouse has NOT completed his 6 years on H1B(as he shall complete 5 years of his H1B in next 4 months from now) and currently his GC processing is going on and PERM yet to be approved. X do NOT want to return back to her home country and stay in USA only.
Can you please respond to the below queries:
1) Can X safely change the status of her H1B to H4 without impacting her GC and not violating any legal stay?
2) If "no" what options can X have?
3) If "yes" to query#1, when should she(latest and not staying illegaly) submit the COS from h1B to H4- 3 weeks from now if she does not find job or 60 days post lay off from employer B?
4) Instead of employer B laying off her, can X resign from the employer B(because employer B is giving option to work from home country), at the end of the 3 week window(job seeking) and then will 'X' have 60 days to find another H1B employer or COS from H1B to H4 paper work submitted? if COS to be done, can the paperwork be submitted at 58th day and be valid stay in USA?
5) What happens once COS to H4 is submitted and then while waiting few weeks/months for H4 approval, if 'X' finds now another new employer C who can file H1B- what is the process with it? COS from h4 to H1B(of employer C) or H1B transfer as COS from H1B(of employer B) to H4 is in progress.
6)With condition stated in query#5- Should 'X' wait for her first COS(H1B of employer B to H4) get approved and then apply or doesn't matter? What would happen if COS from H1B to H4 gets approved after X got her H1B approval(with Employer C)? Can 'X' cancel her COs application(H1B to H4) once she receives the new latest h1B approval?
7) With approved I-140 (of employer A), can X stay safely in US until she finds new employer to make her come back to H1B anytime? Will she need to wait for 1 year in H4 or stay outside US for 1 year and then apply again for fresh H1B?
8) X can go on H4 EAD only when her spouse I-140 is approved and X's spouse apply for her EAD-correct?
9) Trust- under all these approval comes, 'X' should NOT travel outside US- correct?
10) 60 days of grace period refers to 60 calendar days or 60 business days? This is applicable only when employer lays off employee or employee resigns from employer or both?
Please let me know.
Thanks
Rohit.
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