Sunnyvale, CA asked in Employment Law and Immigration Law for California

Q: Can I apply for jobs after grace period since I have a valid H1B?

My H1b is valid till 2022. I lost my job few months ago and my 60 days grace period is over.

My spouse is on H1b so i applied for Change of Status to H4 and a H4 EAD.

But since I have an H1B, Can I still interview for jobs and ask the company to apply for a H1B transfer and withdraw my H4 petition once i get the job?

1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Just because your H1B has a 2022 expiration date, that does not mean it is still valid. Such visas are tied to a specific employer.

Having said that, you can apply for jobs, but you cannot start working lawfully until you have an approved EAD.

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