Layoff before Oct 1 after H1B lottery

USA
1

@Anil.Gupta
I am working on currently with h4 ead and this year my h1b got approved. I was told by my manager yesterday that I got laid off and my h1b will be revoked.

Do I need to go through the lottery process again if I don’t get a job before oct 1st on h1b or If I join with my h4 ead with other company before or later oct?

My husband is filed a h1b transfer with another company would it matter in my case?

Can you please explain how the immigration process would look like for me in the next couple of months? Thank you in advance

2

Hi @sai11

I am afraid you will lose the H1B as it will be considered not counted towards cap.

I suggest to talk to an attorney if you want to see the options for H1B now.

If you want to stay on H4 EAD, you can do it if you have the H4 status and EAD card.

3

@Anil.Gupta
I got h1b approved and got laid off. I got an offer from another employer who is ready to transfer my h1b.

My husband applied his h1b renewal and got approval and today I gave my h4 biometric.

I am planning to apply for my h1b transfer as soon as possible.

Can you please help me to understand the process.

  1. what will happens to my h4 and EAD process?
  2. Can I start working with current valid h4 EAD until I get my h1b approved?
    Appreciate your help.
4

Hi @sai11

You can keep working using H4 EAD as long as you are H4.

If your H1B was approved with COS, your status will change to H1B on Oct 1 automatically. At that time, you can only work for that H1B Employer.

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5

@Anil.Gupta
Thanks for answering all my questions. I really appreciate what you are doing.

I am currently on h4 (ead valid upto jan 2020), I applied for h4 and EAD extension with my husband h1b premium processing. I gave h4 fingerprints on Sep 4th, USCIS case status updated on Sept 6th “case received and its California service center”. Now as I got laid off before change of status to h1b, I am applying for my h1b transfer in next week.

  1. what will happen to my h4 and ead process?. Do I need to withdraw my h4 application now? or wait until my h1b get approve?
  2. Do you think I will get h4 approval before my h1b approval?
6

Hi @sai11

This is a complex situation as your status will still change automatically on Oct 1 to H1B. If you don’t have the job, you cannot maintain the H1B status and hence should leave US.

It is better to go out of US and enter back using H4 visa if you don’t have the H1B job. If you can get H1B Transfer approval on or before Oct 1, you will be safe.

H4 approvals are taking more than 4 months at this time.

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7

Hi @Anil.Gupta,

Thank you so much for helping me and answering my questions.

The new company has decided to start my h1b process and would like me to start on h4 EAD on Thursday this week.

In the case that I have to leave the country because my h1b is not approved by oct 1.

  1. What will happen to the H4 and H4-EAD that I applied through my husband h1b transfer in august ?

  2. Can I work on the current H4-EAD in this case after coming from outside the country ? (its valid until jan 2020).

  3. Do I need to reapply for my H4-EAD once I reenter the country or Will my H4-EAD application still be valid?

Please Help me, I really appreciate you taking the time to look at

8

Hi @sai11

Please read this:

9

Hi @Anil.Gupta,
I got my h1b transfer approval from Oct 1st with a new employer (transferred before changing the status to h1b).

As I applied for h4 and ead extension with my husband H1b extension. I gave my fingerprints on Sep 6th now I want to withdraw my h4 and ead applications.

So attorney filed my I539 and I765 along with my husband h1b extension. He is saying he doesn’t get receipt number for I765(almost 2 months).

so do we get receipt number for ead before h4(biometric) is approved?

I only have I539 receipt number if I withdraw my h4(I539) does it automatically withdraw my I765(EAD)? Please help me

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10

Hi @sai11

The i765 receipt is generated at the time of application receiving. They don’t wait for biometric completion.

You have to file for each application withdrawal separately. Withdrawing H4 will not automatically withdraw H4 EAD.

11

@Anil.Gupta
Thank you for answering all my questions. My husband’s attorney mentioned i765 in his h1b drafts.

But seems he didn’t pay for my i765 and he is answering vague, he is not telling the receipt number for i765 its almost 2 months completed and saying USCIS didn’t send us receipt number yet.

He filed withdrawal for i539 application on Oct 2nd. I don’t have receipt numbers for withdrawal application.

How long it takes to withdraw my application or when I can expect receipt numbers from USCIS for withdrawal?

Attorney is saying it takes 15 days to get withdrawal receipt number Is that true?

My H4 application still show biometric finger prints received. If they approve do I loose h1b?

12

Hi @sai11

There is no fixed time for withdrawal of application and no fixed time for receipt number.

If your H4 is approved, your status will change from H1B to H4 immediately and you will not be able to work using H1B.

13

Hello,
I have an approved H1B that will be effective this October 1st.
However, due to internal reorganization in my company, I plan to change my job (title and location) within the same company.

I understand that an amendment needs to be filed and my firm’s immigration dept. is working on it. However, I had few questions and will appreciate some help from users here.

(1) If I change my job before October 1st (and an amendment is not filed before then), what will be my status? am I in violation of H1 (because my title and location have changed)?

(2) Am I supposed to switch only after an amendment has been filed?

Thanks in advance for your help!
(I am currently on H4 EAD valid till Jan 2021)

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