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
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?
I feel like I got low-balled because I was honest with recruiters about my firm shutdown, etc.
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)
And with a pending I-485, the I-94 date doesn’t apply to you as long as your application is still pending.
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.
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
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.
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.
Thanks! Yes, I am having a call with the lawyer on Monday! Let's say I accept on Tuesday 9/10. Does that give enough time for the new company to get a new H1b? If not, then anyways I am screwed and will have to work on EAD. This also proves that fact EAD is a joke, having it is good but using it is a bane.
So generally there's a 60 day grace period. But I got this from hr of one company that was shutdown. 60 days is discretionary