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layoff when i140 approved less than six months ago - h1b visa

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  • layoff when i140 approved less than six months ago - h1b visa

    I currently have -
    • I have H1b Visa status with extension approved till October 2025 (Including Seventh year extension)
    • My i-140 was approved less than six months ago
    I’m trying to understand What Are my options if I get laid off right now.Assume that I find a new job within 60 days -
    • Will I be able to use my i140 approval from old employer for indefinite h1b visa extensions with new employer, If the old employer revokes the i140 immediately?
    • Will I be able to use my i140 approval from old employer for indefinite h1b visa extensions with new employer, If the old employer Does not revoke the i140?
    • Do employers usually revoke i140 Immediately after layoffs?

    Thank you for help.

  • #2
    If you get laid off but find a new job within the grace period, here are your options:
    - If your old employer revokes the I-140: You generally cannot use it for future H-1B extensions with a new employer, but you might be able to use it for a transfer if done within the grace period.
    - If the old employer doesn't revoke the I-140: You can use it for H-1B extensions with a new employer.
    - Revocation of I-140: Some employers revoke it quickly after layoffs, while others do not. It depends on their policies.
    Consult an immigration attorney for advice based on your specific situation.
    Last edited by cowboy87; 08-26-2024, 12:34 PM.

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