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H1B and Pending U-Visa

Question:

I am on H1b visa. My last date at previous job was March 21st. 60 day ends on Mar 21st.
I have applied for U-visa (domestic violence) on Feb 24th 2015. It is still pending. I do not have EAD.

After 60th day, I will be ‘out of status’. If I find a job after that, do I have to leave the country and come back? This will jeopardize my U visa application because it is not advisable to leave the country when U-visa application is pending.

Does that mean I have to get my H1b transfer this week or else wait for EAD U-visa to be able to work?

Answer: 

Yes to your question above. Your understanding is correct. The 60 day grace period is good for 60 days and after that the way to take on the H1B would be to step out and re-enter. I have not reviewed your U-visa – and don’t understand if it was requesting a change in status – to be able to provide an opinion on the question of abandonment of the U-visa. The better way to pursue immigration in the country would be to maintain the H1B. So my advice would be to keep up with that.