Apply new H1B with approved I-140 - Grace Period Layoff

USA H1B Visa
#1

Hi,

I have an approved I-140 with my previous employer with priority date in 2014 and i am well past my 6 year term on H1B. I transfered my H1B to my current employer around 2 years ago. My current petition and I-94 is valid till Sep 2020. I am affected by layoffs in my current employment, i have around 30 days notice period before separation. And i suspect that they may file to revoke my petition after 30 days.

My first question is if i couldn’t find another job before its sent for revoking, how long (30 or 60 days) do i have before it becomes out of status for me?

My second question is If i convert to H4 (to my spouse’s H1B) to stay in status and continue my job search, will i be able to apply for new H1B with my original I-140 approval one i find a job?

Thanks in advance for your response!

#2

Your employer only withdraws, they cannot revoke. You will NOT be out of status after your final lay off date, you will have about 60 days grace period to find an employer…ReadH1B 60 days grace period rule As long as you can find anything before that 60 days and get receipt, you can continue to stay…of course, the 60 days grace period is subject to USCIS discretion…

Yes, you can do that as well. If your I-140 was approved once and not withdrawn by that employer before 180 days, you are free to apply for cap exempt H1B anytime using that I-140 approval.

#3

Thanks for the explanation. This helps!

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