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Will my next H1B be subjected to cap?

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  • Will my next H1B be subjected to cap?

    Hi,

    I'm in EB2 based green card application process. I got my I140 approved with my current employer. My priority date is current. However, I lose my job and need to figure out a way for my visa.

    1. I can use the 60-day grace period to try to look for a job. But no guarantee I can find one.
    2. I can transfer to my wife's dependent visa. In this case, it's TD.

    My questions are:
    1. Should I stay with H1B for the grace period or should I just transfer to TD immediately?
    2. Assuming I can't find a new job within 60-day grace period and I have to transfer to TD either way, and assume I'm lucky enough to find a new employer after this visa change, will my new H1B subject to cap or will it be cap exempted due to my approved I140?
    3. If it's cap exempted, how long will it be valid? 1 year or 3 years? Notice I have an I140 approved. But I'll have a PERM pending once new employer starts the process.

    Thanks! Any reply is highly appreciated.

  • #2
    Valid

    Your h1 is valid for unlimited years with your approved 140.

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    • #3
      Originally posted by xyvv View Post
      Hi,

      I'm in EB2 based green card application process. I got my I140 approved with my current employer. My priority date is current. However, I lose my job and need to figure out a way for my visa.

      1. I can use the 60-day grace period to try to look for a job. But no guarantee I can find one.
      2. I can transfer to my wife's dependent visa. In this case, it's TD.

      My questions are:
      1. Should I stay with H1B for the grace period or should I just transfer to TD immediately?
      2. Assuming I can't find a new job within 60-day grace period and I have to transfer to TD either way, and assume I'm lucky enough to find a new employer after this visa change, will my new H1B subject to cap or will it be cap exempted due to my approved I140?
      3. If it's cap exempted, how long will it be valid? 1 year or 3 years? Notice I have an I140 approved. But I'll have a PERM pending once new employer starts the process.

      Thanks! Any reply is highly appreciated.
      Your next H1 would be cap exempt if you have time left on your current H1 i.e., depending on if have you used up the allotted maximum of 6 yrs. on your current H1 or not.
      You will not need a long time on your H1, since you have an approved I140, and you say your priority date is current, you can apply for GC. In-fact a prospective employer does not even need to file a H1. They can start your GC process directly, subsequently port your existing approved petition and directly apply for GC. Once again this is because your priority date is current.
      Just an opinion; Not legal advice.

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