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Posted on 16 Feb 2011
Q.

H1 Laid off; to H4 or B1; what about I-140

I am on H1B; was laidoff on Feb 11. My company will keep me on payroll until March 1 and will inform USCIS on March 1 of termination.
If I apply for
1 B1, will it be difficult to apply for an H1 later?
2 H4 (my wife is on H1) would applying for H1 later be difficult? Which is better - filing B1 or H4?

3 By what date do I need to file for change of status - ie., H4 or B1?
4 As I am looking for a job, it's possible a future employer files for H1 for me before March 1. Should I apply for the H4 now or, wait until, Feb 24th and if I cannot find an employer willing to file an H1 for me, then file an H4/B1?
5 My company had filed an I-140 for me. Since employment is terminated, are my priority dates still valid until the company revokes it, or is my I-140 cancelled with termination?

User's Location: San Francisco, California, United States of America
Category: H1B Visa (Work Visa)
Posted on 17 Feb 2011
A.
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Indu Liladhar-Hathi
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Indu Liladhar-Hathi
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www.indulaw.com

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