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Old 01-25-2012, 10:55 PM
archie1111 archie1111 is offline
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Question GC processing by new company post job loss during 3 year extension -aftr 6yrs of H1B

My PERM was filed on 4/3/2009 through company A.
H-1 approval granted 10/28/2009 4/14/2010.
H-1 extension approval granted 4/14/2010 4/13/2013 for company A - (extension) based on PERM filed on 4/3/2009 - one (1) year before H-1 cap date of 4/10/2010 (6th year on my H1B). This extension for 3 years I got even before I 140 was approved or was in pending status.

I have got my visa stamped as well in my passport till April 2013.

There was a problem with INS sending the approval receipt of Labor for this filing and hence company A decided to file the GC again with the following dates -
PERM filed on 4/25/2011.
PERM approved 7/11/2011.
I-140 filed 9/29/2011 and pending with USCIS.

Now the tricky part. My employment with this company A is terminated as of last Friday - (3 business days back - today being Wednesday of the following week.)

My main question:
I want to know now that if I find another employer, say company B, who can transfer my H1B and file my GC asap, will that be a problem for them? Is that allowed and will that make me eligible for an year's extension beyond April 2013?

2nd question:
One of the suggestions that the lawyer gave me was to go from H1B visa to visitor visa - B2 and then look for a job. What are the pitfalls in doing the same?
What is the best advice for me to be in valid status in the country?
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  #2  
Old 01-25-2012, 11:10 PM
sk.aggarwal sk.aggarwal is offline
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my 2 cents:

if you have a valid I-140 approved new employer can transfer your H1 for 3 year. Since your job got terminated, not sure if company A, has withdrawn I140/H1. Would recommend you to just transfer and start GC process ASAP with new employer.
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Old 01-25-2012, 11:13 PM
archie1111 archie1111 is offline
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Thanks for the quick response. But as you can see in my previous post, my I 140 is still in pending approval status - it is not yet approved. does that change the scenario big time?
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Old 01-26-2012, 12:13 AM
sk.aggarwal sk.aggarwal is offline
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Quote:
Originally Posted by archie1111 View Post
Thanks for the quick response. But as you can see in my previous post, my I 140 is still in pending approval status - it is not yet approved. does that change the scenario big time?
Yes it does since you may not be eligible to transfer based on I-140 and your 6 years have ended. I would recommend speaking to atleast 2 lawyers. BTW, If you last employer is willing to keep position open as defined in GC and/or you able to promote to premium that might help.
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Old 01-26-2012, 12:36 PM
hkashyap hkashyap is offline
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You technically become "out of status' the day your employment ends. However, based on case adjudications by USCIS, lawyers as a function of "practice" believe that you can have up to 30 days from your termination to get a new H-1B without any issues. Generally post 30 days, USCIS is not very generous. If you can have a new employment and file for a new H-1B within 30 days, do so. Nothing is more harmful to any future immigration requirements than being "out of status". So if a new job is not possible within this time frame, consider alternate visa scenarios (H-4, B-1/2, etc.). The good thing is that once your H-1B has been counted towards cap in any year, it is never again counted towards cap. So getting a new H-1B is easier once you have a new job.
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