H1b expires 9/30, company shutdown, have offer

New sPXm40
Sep 6 16 Comments

I need to know if someone had similar experience. My firm just shutdown on 8/31. I am on H1b but have gotten my EAD and Travel permit (and waiting for final GC interview). This is employment based green card.

My current H1b expires on 9/30. It took some time for me to get an offer. I just got one last Tuesday that explodes on Monday. It's suboptimal offer. Should I just accept and ask the new company to file for my H1b extension? That will barely give them 2 weeks.

One of good ML team from a big tech with 1T mkt cap just came back and asked if I am interested. I told them about my exploding offer. They said they will need at least 10 days to move or best case make an offer. I am afraid even after I get an offer I will run out of time to file for new H1b. I can always work on EAD but lawyer said if my GC gets denied, I will have to bounce out of here and she recommends to somehow get H1b extension (lowest risk). I am mind f**ked. I have my wife working on H1b as well but I am the primary for the GC.

Has someone faced something similar. Need ideas or suggestions?
YoE :- 10
TC :- appx 350k
New offer:- 250k

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TOP 16 Comments
  • Roku cruella
    Consult an immigration lawyer.

    Accept the offer though to be safe. A few dollars won't matter in long run if loose your gc. U can work their for a bit.
    Sep 6 8
    • Roku cruella
      U r understanding it the way I did.

      I'd suggest why not go see an immigration lawyer in person instead of pH?
      Sep 6
    • New sPXm40
      OP
      She has been my lawyer throughout my GC process. She was also my company's lawyer. She sits in NYC and I am in Boston. Going to see another is good but I want to be consistent and use only one since all my paperwork since 2011 has been with her.
      Sep 6
    • Roku cruella
      Ah okay.
      Sep 6
    • New sPXm40
      OP
      Roku, I wanted to let you know that all your replies are helpful!
      Sep 6
    • Roku cruella
      You r welcome mate.
      Sep 6
  • New sPXm40
    OP
    That's AC21 porting. We have to do that in any case once I move to a new employer. It seems that part is independent of my current H1b confusion. So you think I can get the 60 days grace from 09/30 because I-94 doesn't apply
    Sep 6 1
    • Apple / Eng Sierra8
      With a pending I-485, you can’t accru illegal presence. And you don’t have any requirement to by in-status. You don’t even have to file for a H1B transfert. You can just use your EAD card.
      Sep 6
  • Apple / Eng Sierra8
    Technically since you already have a I-485 based EAD, you can just find a similar job and file a I485J to port your green card. (What people also reference as AC21)
    Sep 6 2
    • Apple / Eng Sierra8
      And with a pending I-485, the I-94 date doesn’t apply to you as long as your application is still pending.
      Sep 6
    • New sPXm40
      OP
      Q: What is my non-immigrant status while my adjustment of status is pending?
      While your current status is valid, you continue to live in the U.S. under that status. For example, if you are in H-1B status and your adjustment of status application is pending, you will continue to be in H1B status until it expires. After that, if you do not renew your H-1B status, it will automatically change to I-485 pending status.

      Q: Do I have to renew my current non-immigrant status while my case is pending?
      It is not legally necessary to renew your non-immigrant status, as your status will automatically switch to I-485 pending status when your current status expires, however, we recommend our clients maintain a valid and separate legal status which will allow you to stay in the U.S., if by any reason your adjustment application is denied suddenly.

      In order to maintain H-1 or L-1 status, you will need to continue to extend your H-1 or L-1 status and always re-enter the U.S. under that status after traveling abroad.

      The second question is the issue :- Once you relinquish your H1b status and your GC is denied, you have no valid status anymore but with H1b, you can fall back to H1b and potentially fight your denial.
      Sep 6
  • Symantec GUsz20
    Why do you have to dramatize the company that it is a big tech 1T market cap? Isn't it very obvious and what made you not to spell it?
    Sep 6 1
    • New sPXm40
      OP
      I feel like I got low-balled because I was honest with recruiters about my firm shutdown, etc.
      Sep 6