H-1B (as well as H-1B1, L-1, O-1, TN and E) nonimmigrants whose employment is terminated early will be allowed one grace period of up to 60 days during each validity period, to allow them to extend, change, or otherwise maintain status. USCIS will rely on your latest pay-stub to determine how long you have been unemployed. If you are unable to find new H-1B employment or change status during the grace period, you should leave the U.S.
The new employer should file an H-1B petition on your behalf within the 60-day grace period. If your H-1B transfer petition is filed outside of the grace period, USCIS will approve the H-1B (assuming it is otherwise approvable) but likely deny the extension of stay request. This means, after the new H-1B is approved, you will be required to depart the U.S., obtain a new H-1B visa at an U.S. Consulate and return to the U.S. with the new H-1B approval in order to commence employment with the new employer.
Yes – if your new employer’s H-1B transfer petition is filed within the 60-day grace period, you may begin working for the new employer once the petition is filed. If it was not filed during the grace period, this a question for your next H-1B employer to answer with advice from its attorney.
Yes, you may submit an application for change of status to another non-immigrant category (e.g., B-2 visitor or F-1 student).
You will have to first submit an application for change of status back to F-1, but 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 can, however, exit the U.S. and return in F-1 status. To do this, you will need the following:
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.
If the I-140 has been approved, you can retain your priority date for a future I-140 petition. Additionally, if the I-140 has been approved for 180-days or more, your next employer can use the I-140 approval to qualify you for H-1B extension beyond your six-year limit.
If 180 days has elapsed since the filing of your Adjustment of Status (I-485) application, you are allowed to change employers, provided you remain in the same or similar occupation.
Yes, the EAD allows for unrestricted employment authorization.
Yes. As long as your I-485 is pending, you may continue to request extensions of your EAD.
No. Since you are no longer employed with the sponsoring employer, you will not be able to re-enter the U.S. on the H or L visa. You can, however, travel on advance parole (for I-485 applicants). Alternatively, if you find a new job and the new employer files an H petition on your behalf and you provide USCIS at the port of entry a copy of the receipt notice, you can enter the U.S. in H status again.