March 1, new H1b application (sponsor by another company) was received by USCIS and approve on April 2, 2010 with the vaild date from 6/1/2010 to 5/30/2013.
Is she still in H1b status because of the following reason?
INA § 214 (n) provides that a nonimmigrant “is authorized to accept new employment upon the filing by the prospective employer of a new petition”. What this means is that she is still in H-1B status based upon the filing of the new H-1B and may continue to work (even though there is a start date of June 1 on the petition.
Or she has been out of status for 7 days till now (H1b is revoked on April 7)? If so, wut is the most aproprate way to deal with this situation?
Addiation information: Her hu*****and is H1b holder, and he filed EB2 I-140 four years ago and got approved.