Let go after H approved but Extension of Stay denied, H revoked

[hippy2981]

I used my EAD when I started working for my company last year and they filed for my H1B transfer. I prefered to stay on H instead of EAD.

I got below i797 letter in Mar. It says H1B was approved till Aug 2019 but Extension of Status was denied.

"The above petition has been approved for the classification requested. It has been determined that the named worker(s) is (are) not eligible for the requested extension of status. You will receive a separate notice explaining the reasons for this determination."

I did not stamp my H.

I was let go few days back. The company has now also revoked my H.

What are my options now?

1. I can stay in US on EAD (expires in 2019)?
2. I have a scanned i797 from company. Should the company also give me the original i797? Company argues that the i797 is not addressed to me so they cannot give me the original.
3. Now that the H is revoked, should the company give me some document to that affect?
4. If I want to maintain my H, am I on a clock to find my next job (with 60 days)? Any issues for me to be aware of?

TIA!

[newacct]

I used my EAD when I started working for my company last year and they filed for my H1B transfer. I prefered to stay on H instead of EAD.

I got below i797 letter in Mar. It says H1B was approved till Aug 2019 but Extension of Status was denied.

"The above petition has been approved for the classification requested. It has been determined that the named worker(s) is (are) not eligible for the requested extension of status. You will receive a separate notice explaining the reasons for this determination."

I did not stamp my H.

I was let go few days back. The company has now also revoked my H.

What are my options now?

1. I can stay in US on EAD (expires in 2019)?
2. I have a scanned i797 from company. Should the company also give me the original i797? Company argues that the i797 is not addressed to me so they cannot give me the original.
3. Now that the H is revoked, should the company give me some document to that affect?
4. If I want to maintain my H, am I on a clock to find my next job (with 60 days)? Any issues for me to be aware of?

TIA!

1. EAD is employment authorization; it has nothing to do with ability to stay in the US. How did you get your EAD? I'll guess that you have an EAD on the basis of a pending I-485. You can stay in the US for as long as I-485 is pending. Whether the I-485 may be affected by your change of job is a separate question.
2, 3. Doesn't really matter
4. You don't have H1b status; you never had H1b status since starting to work for this company. You started working on EAD, not H1b status; you were never approved for a change of status into H1b status. There is no extra days of status because you don't have a status to begin with. You can remain in the US regardless of whether you have status because you have a pending I-485. There is no time limit to that. However, if this is an employment-based I-485, it might be necessary to find another job of the same type soon to continue with the I-485; I am not too sure about that.

[hippy2981]

1. EAD is employment authorization; it has nothing to do with ability to stay in the US. How did you get your EAD? I'll guess that you have an EAD on the basis of a pending I-485. You can stay in the US for as long as I-485 is pending. Whether the I-485 may be affected by your change of job is a separate question.

I got my EAD through spouse's i485 application.

4. You don't have H1b status; you never had H1b status since starting to work for this company. You started working on EAD, not H1b status; you were never approved for a change of status into H1b status. There is no extra days of status because you don't have a status to begin with. You can remain in the US regardless of whether you have status because you have a pending I-485. There is no time limit to that. However, if this is an employment-based I-485, it might be necessary to find another job of the same type soon to continue with the I-485; I am not too sure about that.

The uscis letter says,

"H1B was approved ... but Extension of Status was denied."

So I was not on H status even though my H was approved? But on AOS pending status?

I'd prefer to be on H with my next company. What issues would I face now that I have not been on H status but used my EAD (pending AOS status).

[newacct]

The uscis letter says,

"H1B was approved ... but Extension of Status was denied."

So I was not on H status even though my H was approved? But on AOS pending status?

Your H1b petition was approved (and apparently later revoked). But petition being approved doesn't by itself change someone's status. There are only two ways to go into H1b status (or any other nonimmigrant status): 1) enter the US with an H1b visa, or 2) be approved for a Change of Status or Extension of Status into H1b.

I'd prefer to be on H with my next company. What issues would I face now that I have not been on H status but used my EAD (pending AOS status).

There are no issues with working on EAD per se.

If you want to change into H1b status in the future job, you might want to understand why your last Change/Extension of Status was denied. Maybe they don't approve it because you were out of status at the time of application. For most cases, someone can only do Change of Status or Extension of Status when in status at the time of application, but the issues of going back into H1b status for someone with AOS pending is a complicated topic, because there are some memos that say that someone who has entered on AP (and therefore is a parolee and doesn't have status) can change back into H1b status. You should consult the lawyer of the new company who would be applying for the H1b petition and change of status.