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
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.