Legal Question in Immigration Law in Massachusetts

Hi

My background is , I have been staying in USA last 8.5 Years and my I-140 is approved with my previous employer (A) so recently I got 3 yr extension while I switched to current company (B) .

My current job was terminated on 06/16/2014 and currently I am on the lookout for another job.I have my current compnay (B) H1 B and my I-94 validity till Nov 2016.

I am curious to know

1-what is my current status in USA after laid off ?

2- Can I refile H1 transfer with some another company ?

3- what is the time period I have in my hand to find new job in market ?

4- my ex-employer has initiated H1B revocation process. what impact is going to happen

Moreover , I have I-140 approved status with my previous employer . there is any benefit associated for H1 B transfer with another employer in this situation


Asked on 6/18/14, 6:56 am

2 Answers from Attorneys

Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

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Answered on 6/18/14, 7:11 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

I believe I already responded to your previous question. However, here are my responses to your follow up questions:

1-what is my current status in USA after laid off ?

You are theoretically out of status.

2- Can I refile H1 transfer with some another company ?

Yes, if you do it quickly. The longer the gap in employment, the more likely the change of employer petition could be denied.

3- what is the time period I have in my hand to find new job in market ? There is no statutory time period permitted.

As I stated in my response to your previous question, it is at the discretion of USCIS if they want to permit a gap in employment at all.

4- my ex-employer has initiated H1B revocation process. what impact is going to happen.

Once revoked, you are absolutely considered out of status, unless you have a new I-129 petition already filed by another employer.

Moreover , I have I-140 approved status with my previous employer . there is any benefit associated for H1 B transfer with another employer in this situation.

No benefit.

You can always marry a U.S. citizen as an alternative, assuming you do so with bona fide intention.

Good luck.

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Answered on 6/18/14, 3:09 pm


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