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H1B out of status after losing the job

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  • H1B out of status after losing the job

    Hello. I am on my H1B since 2018 and my H1B is valid until Jan 2023. However, I lost my job this April 16th, 2021. I am in search of a new job. In the meanwhile, my family based I-130 was filed on April 30th along with i-485 and I-765. I am waiting to get the EAS card( tentative timeline 4-5 months). I am aware that when a person on H1B loses his/her job, he/she only gets 2 months to find another employer and get the H1B transferred. Is that true in my case as well (my change of status was filed on Apr 30th)? Please let me know. I’m confused if I can keep looking for the new jobs or wait until I get my EAD card. Thanks!
    Last edited by V25; 06-02-2021, 09:21 AM.

  • #2
    Hi,
    If H1B candidate lost their job, as you mentioned they will have 60 days of time to transfer H1B to another Employer or filing change of status petition. In your case, you filed adjustment of status.. If anyone have pending adjustment of status, they can be in the USA. But, you can not work until you receive Employment Authorization Approval.
    Thanks

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    • #3
      Hi!
      I moved to India because of personal reasons in Feb. My company has not revoked my H1b and now a company is willing to offer me a job and do transfer.
      Pls confirm if I would be eligible for the transfer?

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      • #4
        Hi,
        Yes.. You will be eligible for H1B transfer.. If you don't have visa valid now, then you will need to go for Visa stamping with the help of H1B transfer petition approval.
        Thanks

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