Hey everyone! I’ve got laid off at Lyft today and I’ve got a few questions about the visa status. I’m currently on H1B (thru Lyft) with an approved I140 (from my previous employer). My spouse has a H1B. 1. Can I move to H4 if my spouse’s company is willing to do that for me? 2. Can I move to O1 visa? (I have an employer willing to do that) 3. Whenever I find a job, should my new employer file a H1B and go thru the lottery or should the employer just transfer my previous H1B with a change of status? 4. Which of these transfers would impact The 60 day grace period of not having a job on H1B? 5. If I were to travel internationally in between, what’d be the best time? 6. Lyft is accepting for me to continue employment till 12/9 to help people on Visa. Can I travel internationally between now and 12/9 and then apply for H4/O1 change of status? Former TC: 200k Current TC: 0, so pls help 😅 #workvisa #h1b #layoff #lyft #o1
1) Yes, but ead wait times are 5-8 months so you will be out if job until then. You dont need company to file h4. You can do it anytime with simple application 2) dont know the answer 3) no more lottery for you. You are exempt after first H1b 4) neither. You can file for change of status anytime in next 60 days 5) option 1 - go out now and get h4 stamp and file for ead. Depends on appointments. Option 2 - do not travel Until your next h1b gets approved
All of this information is accurate.
1. Spouse company is irrelevant here. Spouse calls the shots. 2. Yes, you can file change of status to o1. Need to file in grace period iirc. 3. No lottery for you. You are cap exempt due to beneficiary of i140. Even without i140 you would be cap exempt if h1b issued within last 6 years. 4. Grace period goes to shit once petition hits uscis. 5. You want to travel after petition is approved, leaving when filed may result in abandonment. If you leave now, you can't get back in due to not having valid status.
1. You can do on your own. No need of approval from spouse company
I would suggest find another employer or even consultancy…you just need to submit the H1B application before 60 days..so don’t worry you will find it.
1. yes. Ead wait time around 4 months. My wife just got it. 2. Yes. 3. Transfer as long you are within grace period 4 if the paperwork is initiated I think you will be okay. So neither. 5. You can't travel internationally until your paperwork is done.
- A new employer will just need an h1b transfer. You will not have to do lottery etc again. - H4 and EAD are safe bets if you dont have low confidence on a sponsored job working out within 60 days. It is taking approx 6 months to get approval in most cases, and then u have flexibility of working even non sponsored job as an ead holder -O1 is a better option, as it doesnt have a lot of the h1b overhangs(afaik, not very familiar with all its nuances) - you should not travel internationally while any of these visa statuses are under review/or prior to approval. Atleast in the case of H4, uscis considers them abandoned. Also, leaving the country changes ur i94 and increases complexity Good luck
Good luck
What's the qualifications for o1 visa
DM for H1B transfer and SWE gigs.
No former TC no answer
When, where? Head, regular, back?