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Need Information on H1B visa holders Stay in US after layoff - Who got H1B extension based on pending Green card application.

Fremont, CA |

Hi ,

I am currently working with a US firm on H1B visa which valid till Oct 2015. Before joining my present company A, i got my green card labor as well as
I-140 approved by my past employer B. Now in my present company A there are lot of layoffs are going on and thats why I started looking for another company and last week i got an offer from Company C which is ready to do my H1b transfer (Using I-140 of company B) as well as new Green Card application filling.
Now my question is, if I join this company C and for some reason I loose my job (funding issues etc.) then do i get 30 or 60 days (as regular H1B holders) to search another job or I need to leave the country immediately. Note: My H1B is based on pending I-140 so its different from regular H1B visa holders.

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Attorney answers 3


Under h status you have 30 days to wound down your affairs.


There is no grace period but you may have options based on your specific circumstances which you would need to discuss with an attorney.

Attorney Jennifer Ahn's answer is to provide general information only, and should not be construed as legal advice on any subject matter. The content of this answer is not intended to substitute accurate legal advice, which is relevant to all the facts and circumstances of your specific case. This answer does not create an Attorney-Client relationship.


I assume that you actually did not get a green card through company B, but merely approval of an I-140 petition, and you are now on a priority wait list. Your present and future employer would not be able to use an approved petition by another former employer to allow you to apply for adjustment of status. And if you are terminated by company C, you have only 30 days to settle your affairs and leave without getting classified as "out of status."

All answers to immigration questions should not be taken as legally binding advice. If you have an immigration issue, please call me at Pacifica Legal Services 805-290-4930 and make an appointment for an initial 30 minute consultation. Additional time is billed at $100.00 per 30 minute increments. Todas las respuestas a las preguntas de inmigración no deben tomarse como asesoramiento legal. Si usted tiene un problema de inmigración, por favor llámeme al Pacifica Legal Services 805-290-4930 y hacer una cita para una consulta inicial de 30 minutos. El tiempo adicional se factura a $ 100.00 por incrementos de 30 minutos.

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