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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105592
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My last day in the current company is March 28th. My current

Customer Question

My last day in the current company is March 28th. My current company holds my H1-B and I-140 is approved.
1. How long can I legally stay in US after my last working day, if I don't get another job?
2. How long after my last working day, can I take to initiate transfer of my H1-B to another Employer?
3. When will I go out of status?
4. My wife had I-140 approved with her previous company. The current company which she recently joined does not start the Green card perm process until Feb of next year (2017). Can I apply for H4 and EAD using the previous Employer approved I-140 of my wife?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

There is no longer any "grace period". Even when there was such a 30 day grace period, it was unofficial. Basically, USCIS would look the other way if one could find a new employer within 30 days of termination. Unfortunately, that no longer exists. When you are terminated, will the same employer still have the I-140 job available for you when the time comes to file the I-485 and it gets approved?

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through. I will post your answers now, but please do not make me spend this time without compensation. The only way the website compensates me is if you leave a positive rating. It does NOT cost you anything to do so.

1) There is no grace period, so you cannot stay. They usually will not say anything if you leave within 10 days, but after that, it gets harder and harder to prove to a visa officer that your overstay was brief, reasonable and will not happen again. At 180 days overstay (unlawful presence), it is a 3 year bar that you cannot come back to the U.S. without a very hard to get waiver. At one year of unlawful presence, it is a 10 year bar.

2) That is not allowed. No more grace period. You would have to leave the U.S. to get H-1B visa stamping outside of the U.S.

3) Immediately upon coming off payroll.

4) Yes but if you have already come off payroll, you need to leave the U.S. as quickly as possible to go for H-4 visa stamping outside of the U.S.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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