Options when H-1B project is canceled

Question details

Scenario: Currently working for company A. Company B has filed H1B petition and gotten approval for Oct 1st start date. Unfortunately, Project with company B goes away before Oct 1 and company B doesn't revoke my visa before Oct 1st.

1) Since I will automatically move to H1B on Oct 1st and I don't have that project anymore, can I continue to work for my current employer using the new H1B visa? (What options I have if I want to use the new H1B visa and work for the same employer?)

2) In the same case, will company A be notified about my new H1B visa on Oct 1st?

3) Will company A have to rehire me for H-1B transfer? or can I continue to work with them while the transfer is pending?

4) How would it work if I find a new project through a new company C? Would they need to file for H-1B transfer as well ?

5) What info can USCIS ask for H-1B transfer in that case? What sort of RFEs may come up?

 

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FAQ Transcript

You can't work for your current employer (Company A) on the new H-1B. File an H-1B transfer to Company A. USCIS won't notify them. Consider a lawyer consultation to possibly keep working at A while the transfer is pending.

Benefits of National Interest Waiver

Question details

Two general questions,

1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?

2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?

 

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FAQ Transcript

While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you.  For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship.  Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.

 

EAD delayed - options

Question details

If EAD approval is delayed and the employment is no longer valid unless the EAD is received by USCIS, then the employer has to terminate the employee. Can the company send the employee on leave without pay temporarily until the EAD is received? Both can be done, and it is up to the company how they want to handle the case.

 

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FAQ Transcript

The employer can put the employee on unpaid leave to avoid unauthorized work. Termination is also an option but not mandatory. The company decides between leave and termination.

 

Visa Bulletin For June 2024

Number 90
Volume X
Washington, D.C

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A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during June for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law