Filed extension before H1B Visa expiry: My options if employment discontinued now?

hg4d1

New Member
Dear Sirs/Madam

Currently I am working on H1 B Visa in California and my H1 B's first term expired on 3/5/2003. I applied for extension before that and have the
WAC number from INS. I guess, now my stay in US is valid as I have already field extension as required.

My questions are:

1) Incase, my job is discontinued now, then will I be out of status immediately? (as my H1 B extension will stand canceled), or how many days will I have?
2) If I find a new employer and he files a new H1 B case for me, will that be ok? (considering my previous H1 expired on March 15).
3) If I find an employer with Pre Approved Labor Certificate for Green Card, then what are my options to keep my status legal and pursuit my Green card?
4) My wife is also on H1 B, will H4 be an option for me? (again my Visa expired on march 15)

Will look forward to your advise.

Thanks Much,
Harp G.
 
1. Yes, zero day(s)
2. From mar 15 to the receipt date- you will be considered out of status (different from illegal status). BCIS might not take this seriously in most cases (since the termination came when you were waiting for the extension to come)
3. File h1 transfer... Then file for I140 , i485, EAD etc.
4. Yes - I think that will be your last option if you cannot find somebody to employ you.
 
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