A: Currently, there is no grace period and once your employment ends, an H-1B transfer must be quickly filed by a new employer or you must either file an application to change to another non-immigrant status or leave the U.S.
A: The new employer should file an H-1B transfer petition on your behalf immediately. A short period of unemployment will seldom be a problem if the pay-stub that is submitted with the petition is less than one pay-cycle old. If your last pay-stub is more than one pay-cycle old, USCIS will assume you were not in valid H-1B status when the H-1B transfer was filed. If so, USCIS will approve the H-1B (assuming it is otherwise approvable) but deny the extension of stay request, in which case you will be required to depart the U.S. after the new petition has been approved, obtain a new H-1B visa at an American Consulate, and return to the U.S. before resuming employment with the new employer.
A: H-1B portability refers to the ability for an H-1B beneficiary to begin working for a new employer/petitioner once the H1B transfer has been filed (i.e., before approval). USCIS previously issued a memorandum which suggested that a laid-off H-1B employer is portable. Specifically, it stated "Congress does not appear to have limited portability benefits only to those who are working lawfully in H-1B status at the time a new employer files a new H-1B petition on their behalf."
A: Yes, you may submit an application for change of status to another non-immigrant category (e.g., B-2 visitor or F-1 student).
A: You may request reinstatement by the USCIS , or submit an application for change of status back to F-1, but the USCIS processing time is slow and you would not be able to re-commence employment on the basis of practical training until the change of status is granted. You could, however, exit the U.S. and return in F-1 status. To do this, you will need the following:
A: Unfortunately, the approved Labor Certification is employer-specific and you won't benefit from it if you will no longer be employed by the company.
A: If the I-140 has been approved, you can retain your priority date for a future employment-based petition if your employer does not withdraw the I-140.
A: If you are impacted by a RIF, after filing the I-485, the USCIS can deny the adjustment of status request as your intent is not to work for the sponsoring employer and the employer has no intentions of employing you. However, pursuant to the American Competitiveness Act in the 21st Century Act ("AC-21"), which became law on October 17, 2000, if 180 days has elapsed since the filing of an Adjustment of Status application, you are allowed to switch employers so long as you remain in the same or similar occupation.
A: Yes, the EAD allows for unrestricted employment authorization.
A: Yes. As long as your I-485 is pending, you may continue to request extensions of your EAD.
A: No. Once you are no longer employed, you will not be able to re-enter the U.S. with your H or L visa. However, if you were in H-1B status and a new employer has filed an H-1B petition on your behalf, you may re-enter the U.S. with the pending H-1B’s receipt notice, your previous H-1B approval, and your valid passport and visa. If you are in the I-485 process and have a valid advance parole, you may return regardless of H-1B status.