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Conversion from h4 to ead and spouse lost his job - how long i can stay in the us ?

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  • Conversion from h4 to ead and spouse lost his job - how long i can stay in the us ?

    My spouse had some issues with the management and they terminated his H1B visa.

    I was on H4 visa and once my husband I-140 was approved, i got my EAD.

    Under the new rule, my husband need to take H1B transfer within 60 days from the date of termination. By which date i have to leave the country?

    What happen if he cannot find a job? I think, he need to leave US and try to find Job from home country. He can apply for the B1/B2 visa so that he can come to US for interview and may accept a job offer and apply for the change of status from B1/B2 to H1B. In this case, when he can start work with new employer? Once the new H1B paper work is received by USCIS or once the change of status from B1/B2 to H1B is approved?

    Please let me know. Also, share any ideas if you have on the above matter. My husband still has 12 days from tomorrow to do something.

    Thanks,
    D

  • #2
    Originally posted by JHADIV View Post
    My spouse had some issues with the management and they terminated his H1B visa.

    I was on H4 visa and once my husband I-140 was approved, i got my EAD.

    Under the new rule, my husband need to take H1B transfer within 60 days from the date of termination. By which date i have to leave the country?

    What happen if he cannot find a job? I think, he need to leave US and try to find Job from home country. He can apply for the B1/B2 visa so that he can come to US for interview and may accept a job offer and apply for the change of status from B1/B2 to H1B. In this case, when he can start work with new employer? Once the new H1B paper work is received by USCIS or once the change of status from B1/B2 to H1B is approved?

    Please let me know. Also, share any ideas if you have on the above matter. My husband still has 12 days from tomorrow to do something.

    Thanks,
    D
    You two along with dependents, if any, would have to leave US if a new employer does not file transfer within 60 days of your husband's last paid date by current employer.
    I doubt B1/B2 would be approved to attend interviews.

    If B1/B2 is approved, and he is in US and he gets an employer willing to sponsor H1 for him, then the earliest he can work is upon B1/B2 to H1 COS approval along with new I-94.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      You two along with dependents, if any, would have to leave US if a new employer does not file transfer within 60 days of your husband's last paid date by current employer. --> If my husband finds the new employer and they file for his transfer within 60 days, do i still have valid status in US or i need to go to my home country and can come back H4 visa after his H1B petition is reviewed.

      I doubt B1/B2 would be approved to attend interviews. --> Do you think, we can say that we need more time to wind up all the things?

      If B1/B2 is approved, and he is in US and he gets an employer willing to sponsor H1 for him, then the earliest he can work is upon B1/B2 to H1 COS approval along with new I-94. -> My spouse termination date is 5/5/17, which is the last date by which my H1B transfer should be filed? Also, if there is a delay of 2-3 days in filing, what would be the impact? How it will affect Green Card processing?

      This is my opinion not legal advice.
      - I understand. Thanks for your input.

      Comment

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