Hi all,
I lost my job on June 24, 2022. I am on H1B visa and am looking to find a job with H1B transfer. Meanwhile I am planning to apply for green card through my husband. When should the green card process be started latest? If I get a job and the employer is willing to do H1B transfer, by when should they be applying for my visa? Is it before the 60 day unemployment period ends? If I get a job after 60 days, can I still work on H1B or will I have to travel outside of the US and come back? I also have B1/B2 visa, will that help in any case?
It can be started any time by the GC sponsoring employer.
Within 60 days of employment end date or before your H1B I-94 expires, whichever is earlier.
If your spouse is on H1B, you should file change of status for H1B to H4 if you are unable to find employment within 60 days of losing your job and before your H1B I-94 expires.
If you find job after 60 days, provided you have filed change of status from H1B to H4 ( so that you can keep living in the US), your H1B sponsoring employer can file H1B and once approved you can go for visa stamping and come back on H1B to start the job or your employer can file H1B with change of status from H4 to H1B if you dont want to go outside the US for visa stamping.
Consult your immigration lawyer to discuss your options but make sure you file change of status from H1B to H4 before your 60 days unemployment on H1B.
Thanks for your response! I am checking if I apply for green card through my husband, can I still work on H1B? or will have to wait for EAD?
You can keep working on H1B as far as you have a valid H1B I-94 while you apply for GC. Even after USCIS issues GC EAD, you can keep maintaining your H1B till you get the GC. Once you get GC, your H1B status will automatically expire.