Recording of Free Community Conference Call (Every Other Thursday), October 19, 2017

Discussion Topics, Thursday 19 October 2017:

FAQ: Pros and cons of adjustment of status and consular processing for green card || Applying for green card while holding H-4 status; applying for green card and permanent residence for another country simultaneously ||Changing status from tourist or business visa (B1 or B2) within the United States|| How to read the visa bulletin? || What type of questions can be asked in consular or adjustment of status interview for employment based applicants || Effect of a speeding ticket on green card or naturalization/citizenship || Effect of moving abroad while still on H-1B visa || Denial of H-1B on Level 1 wage issue || Doing business on H-4 EAD. Other: Family-based green card for an H-1B holder || Filing concurrent H-1B for family-owned business || Relationship between maintaining US permanent residence and expiration of green card || I-94 correction through the CBP || H-4 visa/status issues || H-1B laid off || H-4 EAD to H-1 || H-4 EAD issues, etc.


Hi Rajiv Sir,

I was working for a Company in Nevada on my OPT card and my company applied H1B this time and i got approved for 3 years starting Oct 2017. On November 17th 2017 due to budget issue they lay-off and told me they will withdraw my H1B. On December 15 2017 they withdraw my H1B and USCIS sent notice. Currently i am out of status just checking possible solution

My Question.

1. Do i get 60 days grace period starting from November 16th 2017 or the day my H1B was revoked December 15th 2017.

2. Can i transfer my visa to other company in this grace period.

3. Suppose if i don't find an Employer by this time i am planning to join university as F1 Student and get day one CPT to start working as soon as i get new job. My question here is if i get new job and Employer agreed to sponsor me H1B do i need to go again in lottery process or they can reopen my case again so i will get my initial H1B approved back again.

As I read the regulations, the 60 days grace period begins from the cessation of the employment and you can apply for an H-1B transfer during that time. Assuming that you have received a change of status from F-1 to H1, in a situation like yours, you should NOT be subject to an H-1B quota for the next approximately six years.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

My case:
1) I entered on US on advance parole. I applied for F1 and got approved. While I am on F1, I applied for H1B as I got a job.
2) Received a denial for H1B. Reason- 1) specialty occupation and 2) Parole requesting change of status is prohibited.
3) My lawyer who filed for H1B put the wrong information about my status. He should have out F1 instead of which he put advance parole.
4) Right now I have applied for I-539 for F1 and I am on CPT. I-539 was applied before the denial of H1B was received.
My questions:
1) Can I appeal the denial?
2) Can I still stay in US as my I-539 is still pending?
3) What are my options otherwise?