H1B Laid Off - Find a new job - 60 days grace period - Not sure it fits this timeline + Green Card marriage in process

#1
Hi Everyone,

I hope you all doing great and healthy!

I am currently in a complicated situation. I was on a H1B and I was laid off on April, 10th and received a 2 weeks severance pay but paid in total 2 weeks after.
I believe my 60 days activates the day of my last paid severance, but let's say it is the 10th for the sake of understanding. So the end of my 60 days grace period would be the June, 10th.

My new employer sent my H1B petition on June 12th with premium processing and arrived at USCIS on the 15th.
I should then have an answer soon if it is approved or not. Let's say it is approved.

Since I was off my grace period, if it is approved, can I work straight away? or do I have to leave the country?

If not, I got married during my grace period, and started the green card process, I am about to send the case next week around Monday 29th.
I am able to stay on the territorry lawfully now, does this mean I can start working without waiting for the EAD since I have a valid H1B?

Thank you so much for you future help!
All best,
 

newacct

Well-Known Member
#2
Usually, Extension of Status has to be filed before the previous status expires. Late filings, like in your case, are not approved unless there is good reason for being late. If they think there is a good reason, and approve both the petition and Extension of Status, you get an I-797A approval notice (which comes with a new H1b I-94) and you can work right away. If they approve just the petition, but deny the Extension of Status, you get an I-797B, and you do not go into H1b status unless you leave the US and re-enter on an H1b visa.

In the case where they deny the Extension of Status (and you just have an I-797B), if you have a pending Adjustment of Status from your spouse's petition (I am assuming your spouse is a US citizen; otherwise, you cannot file AOS while out of status), you can stay in the US, but you can't work without an EAD. You won't be in H1b status.
 
#3
Thank you so much for this quick answer! I appreciate it a lot!
Do you think as of today it is still good to fill an extension of status just in case?
I thought the green card application (she is US citizen indeed) will fix that .. :/

Also, if they issue a I-797-B is there any way to ask for the I-787-A somehow??
 

newacct

Well-Known Member
#4
A pending application is not status. If your H1b petition is approved but EOS denied (you get I-797B), the only way to go into H1b status would be to leave the US and re-enter (I am not sure whether you would need to get a new H1b visa or whether the existing visa works). But leaving the US would abandon the pending AOS.
 
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