H1B & lay-off

[mimimimimi 0]

Hello,

I am on a H1B visa and was laid off a month ago. My company will tell USCIS by the end of the week about my status termination.

I am applying for AOS/EAD this week too, and was not able to find a new job yet. As my H1B status will end by the end of this week, my question is: can I still try to find another job before I get my EAD in about 3 months, and work as an H1B holder? I know there are no written laws about the time I can transfer my H1B and it depends on USCIS case by case judgement.

I would like to know this cause it would be nice not to have to wait for the EAD and be able to earn money in between...

Let me know if you had similar experience... Thanks!

[Fuzzymiss 2]

Hello,

I am on a H1B visa and was laid off a month ago. My company will tell USCIS by the end of the week about my status termination.

I am applying for AOS/EAD this week too, and was not able to find a new job yet. As my H1B status will end by the end of this week, my question is: can I still try to find another job before I get my EAD in about 3 months, and work as an H1B holder? I know there are no written laws about the time I can transfer my H1B and it depends on USCIS case by case judgement.

I would like to know this cause it would be nice not to have to wait for the EAD and be able to earn money in between...

Let me know if you had similar experience... Thanks!

Hey,

Sorry to hear that, I'm in exactly the same position, the H1B is employer-specific, so you can only work for that employer, you can change positions I think as long as the job title remains the same. To get a new one you apply in April for the H1B lottery then they're issued in October...totally sucks.

I applied for AOS in October, and as long as you are 'pending' you are ok to stay in the US (can't leave until AP granted) if your H1B is finished. In terms of working, apply for EAD at the same time as AOS, and wait it out. As soon as either the GC is issued or you get EAD then you work for anyone without restrictions...much better!

It sucks that the visa is so restrictive but with a GC you can take any job you like. Hope that helps?

[mimimimimi 0]

Hey Fuzzymiss thanks a lot for your answer. But I did read somewhere that you can transfer your H1B to another employer even after the 30 days after lay-off...

The reason for that is that the 30 or 60 days transfer is not an official written law... it depends on USCIS officer's judgement... does anyone know something about it?

You are right, GC is muuuuch better, no doubt about it. I am super looking forward to receive EAD or GC.

It's just that besides the financial part, after 30 days at home I am starting to get crazy bored.

[alexpapa 4]

Hey Fuzzymiss thanks a lot for your answer. But I did read somewhere that you can transfer your H1B to another employer even after the 30 days after lay-off...

The reason for that is that the 30 or 60 days transfer is not an official written law... it depends on USCIS officer's judgement... does anyone know something about it?

You are right, GC is muuuuch better, no doubt about it. I am super looking forward to receive EAD or GC.

It's just that besides the financial part, after 30 days at home I am starting to get crazy bored.

I believe to transfer an H1B you still need your new company to petition the H1B for you.

Read this: http://www.immspec.com/h-1b-visa-transfer.htm

I think you are best in hoping for the EAD to come through quickly

[mimimimimi 0]

hey alexpapa, yes you do need another employer to file for your transfer, but that's what my question is related to:

can you transfer your H1B to another company even when more than 30 or 60 days have passed since your lay-off?

Hey Fuzzymiss thanks a lot for your answer. But I did read somewhere that you can transfer your H1B to another employer even after the 30 days after lay-off...

The reason for that is that the 30 or 60 days transfer is not an official written law... it depends on USCIS officer's judgement... does anyone know something about it?

You are right, GC is muuuuch better, no doubt about it. I am super looking forward to receive EAD or GC.

It's just that besides the financial part, after 30 days at home I am starting to get crazy bored.

I believe to transfer an H1B you still need your new company to petition the H1B for you.

Read this: http://www.immspec.com/h-1b-visa-transfer.htm

I think you are best in hoping for the EAD to come through quickly

[alexpapa 4]

hey alexpapa, yes you do need another employer to file for your transfer, but that's what my question is related to:

can you transfer your H1B to another company even when more than 30 or 60 days have passed since your lay-off?

Hey Fuzzymiss thanks a lot for your answer. But I did read somewhere that you can transfer your H1B to another employer even after the 30 days after lay-off...

The reason for that is that the 30 or 60 days transfer is not an official written law... it depends on USCIS officer's judgement... does anyone know something about it?

You are right, GC is muuuuch better, no doubt about it. I am super looking forward to receive EAD or GC.

It's just that besides the financial part, after 30 days at home I am starting to get crazy bored.

I believe to transfer an H1B you still need your new company to petition the H1B for you.

Read this: http://www.immspec.com/h-1b-visa-transfer.htm

I think you are best in hoping for the EAD to come through quickly

According to this, no

In order to qualify for H-1B visa transfer,

* H-1B visa holder must be in lawful status at the time of filing the petition for visa transfer.

The question is, though, do you have a job lined up with a new sponsor? If you file now you could very well have your EAD within 60 days.

[mimimimimi 0]

yes, I agree. This makes sense. But maybe lawful status can mean that you just changed your status to tourist B1-B2 while looking for a new job?

I have an interview tomorrow, and since I know Friday, the day after tomorrow, is the day my company will report the termination to USCIS as 30 days passed since my lay-off, I am confused as what can I say to the potential employer regarding my situation during the interview... if it's best to file a H1B transfer now, (which I doubt they will want to do, as this is a small company, not a big one as I worked before) or give it up and wait to get an EAD in 3 months (hopefully). It's complicated because I would prefer to be earning money these 3 months...

so many questions...

According to this, no

In order to qualify for H-1B visa transfer,

* H-1B visa holder must be in lawful status at the time of filing the petition for visa transfer.

The question is, though, do you have a job lined up with a new sponsor? If you file now you could very well have your EAD within 60 days.