FAQ: Loss of job/laid off during Covid/coronavirus times
Dear Sir,
My PD is May 24, 2009.
H1B I-797 is valid till March 2021 ( no visa stamp in passport).
GC EAD is applied for renewal on Nov 11, 2019
I lost job and my last date of employment with the employer is March 20, 2020. This employer sponsored H1B and also had ported GC AOS in 2018.
Questions:
1. After my last date of employment (March 20, 2020), how much time do I have to transfer H1B and I-487 to a new employer?
2. Will losing the job affect the EAD renewal in processing?
3. How would it affect I-487 application, which can become current any time soon?
Thanks in advance.
%%%%%%%%%%%%%%%%%%% FROM RAJ %%%%%%%
Hi Rajiv Ji,
I am on H1b with approved I140 but was laid off in Jan 2020. Currently in 60 days grace period. Found new employer who is preparing my H1b petition in premium filing. The sponsoring company's attorney is saying they have to file the petition in consular processing and not in change of extension as I was laid off - gap in employment. Please note I have valid H1 Visa stamp until Mar 2021 and I94 till Mar 2021 from previous employer.
First question: As my I94 is valid is it required to file in consular? can’t they do in change of status or extension of status - nun tuc proc
Secondly if they file under consular I have following three questions.
1. Do I need to go to for new Visa stamping process( biometrics and interview) to get new stamp and then come back to US
2. Can I just go outside US and come back to US without Visa stamping process. Meaning at port of entry show new would be approved petition and old valid Visa and get new I 94 with new validity ( any possible issues at airport and US POE here).
3. In either or above cases do I need to go my home country - India (for stamping or just come back without stamping ) or I can go to other countries .e.g. Can I go to Canada or Mexico ( I read with valid US Visa can go to Mexico without Mexico Visitor Visa)
Thanks Much,
Regards,
Raj
Can FMLA be used by an employer to retain the employee and save on cost for 12 weeks during this Corona Crisis.
I have an approved I-140. If i lose my job and if i don't find a new job in next next 60 days then i understand that I have to leave back to india. If i have to come back to US, what are my option ? Are there any advantages that I have an approved I-140 ? Do i have to apply to H1 again in the lottery system ?
%%%%%%%%%%%%%%% FROM nikhilh1 %%%%%%%%%%%