What happens if you have an approved I 140 and then you lose your job. What happens next and what can be done to allow me to stay in the US. I am ROW.

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Hi, sorry you are going thru this.
If you lose your job, then you should have secured employment with another H1B employer within 60 days of your last day of service (ideally) .
ie: your future employer should have filed your H1B petition within 60 days.

Naturally it is difficult to do all this within 60 days when one gets hit with a layoff.
You’ll need to prep, get some interview leads, find an acceptable match. Following which you have to work with the future employers immigration company to have your H1B paperwork filed. All this within 60 days.

In that case you need to either
1. File to move to a different valid visa status (tourist or Spouse/Dependent visa) within 60 days. When you secure new employment, you’ll have to do the H1B paperwork with your new employer’s immigration firm. Best to get an expert opinion for timelines here.

2. leave the country. More drastic but you’re in control here (You can re-enter once you have secured new employment.) You’ll have to factor in Covid related delays here.

There is also some nuance in whether one can start the 60 day clock from the last date of salary paid. I’d recommend speaking to an attorney about that.

Good luck.

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Thank you for your response!

On h1-b there is 2 months grace period from the last day of employment to apply with another employer and remain in H1 status. After, the process becomes tricky and difficult.

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An approved I-140 can get you another 3y h1b if your h1b 6y period is near the end. Make sure to mention this on your resume! Some employer only accepts applicants with 2year or more left!

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