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I was fired from the company a few days ago. I was under H1b where they applied for EB1-B employment based category for me. In July/August 2017, my I-140 was approved. Then we applied for I-485 in mid-October 2017 (when I was in my H1B). I got my EAD/AP two weeks ago. I'm in Texas, US.

The HR person told me they will terminate my H1b in two weeks. Is that true? That means I have two weeks to find a job? Then I should transfer my H1B? Please help.

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You remain in H1b status for 60 days after leaving the job, unless your I-94 expires sooner (in which case you will remain in status until the I-94 expires). Furthermore, as you have a pending I-485, you can stay in the US regardless of whether you have status or not (unless your I-485 is denied).

If you find a company that will sponsor H1b for you, you can transfer your H1b over to them within the 60 days you are in status. (I am not sure about the chances of success of an H1b transfer after the 60 days you remain in status but while you still have I-485 pending.) Or, you can work for any company with your EAD; in that case you won't be in H1b status, and you will no longer be able to work or stay in the US if your I-485 is denied.

  • I see. So it's 60 days. I've been told I need to get a job of similar area to continue the I485 process. Are these two different things? – Tina J Mar 3 '18 at 6:19
  • And for transfer, still the new employer should be a H1b sponsor? Do university postdoc accept H1b transfer? – Tina J Mar 3 '18 at 6:20
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    @TinaJ: They are different things. You remain in status for 60 days after leaving job in H1b and other work statuses; this is just a rule for the status and is unrelated to I-485 or immigration. Since you have I-485 pending, you can stay in the US even if you go out of status, i.e. even after 60 days, and you can work on your EAD even if you go out of status. As far as I know, there is no specific time limit for you to find another job to continue your I-485; you just have to have a job if USCIS asks you to submit I-485 Supplement J (which they can do at any time). – user102008 Mar 3 '18 at 19:07
  • Thanks for your information. So why do some lawyers tell me I need to find a job of similar area? Probably, if I keep waiting, and meanwhile go to another similar position, I485 will get approved? – Tina J Mar 4 '18 at 1:11
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    @TinaJ: I think that, for example, if your company withdraws your I-140 after your I-485 has been pending for more than 180 days, and before your I-485 has been approved, USCIS will ask you to show that you are working in a similar job, because that is required for your I-485 to continue; otherwise it gets denied. Or, if USCIS asks you to show you are working in the same or similar job any other time, you will need to show it. – user102008 Mar 4 '18 at 1:51

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