I am currently holding H-1B visa, and my employment was terminated yesterday. My green card petition is on NIW with I140 approved, and I485 is pending. My questions are:
1. If my new employer will sponser my H-1B visa, when is the latest time they need to the petition to USCIS?
-No latest time. Technically, your H1 status expired when you lost your job. But if your new employer can file your H1 petition within one to two months, you have a good chance to get it approved with I-94 because USCIS usually does not so strict.
2. If I don't have my H-1B transferred to a new employer within the grace period, what should I do to maintain my status.
-Your status is AOS now, so you do not have status problem.
3. My NIW petition was not sponsored by my employer, am wondering if I am OK to stay with unemployment and how long.（I am currently holding a valid EAD though I never used it in the past.)
-Yes, as long as your I-485 is pending, you are OK.
1. If my new employer will sponser my H-1B visa, when is the latest time they need to the petition to USCIS?
-No latest time. Technically, your H1 status expired when you lost your job. But if your new employer can file your H1 petition within one to two months, you have a good chance to get it approved with I-94 because USCIS usually does not so strict.
2. If I don't have my H-1B transferred to a new employer within the grace period, what should I do to maintain my status.
-Your status is AOS now, so you do not have status problem.
3. My NIW petition was not sponsored by my employer, am wondering if I am OK to stay with unemployment and how long.（I am currently holding a valid EAD though I never used it in the past.)
-Yes, as long as your I-485 is pending, you are OK.
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