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ss164
05-03-2012, 04:06 PM
Hi,
I recently (about 2 weeks ago) got laid off on H1B and also received my last pay check. I have been looking for jobs since then. I wanted to know if there is a time limit on how soon I should get a job and apply for H1B transfer and how long can I stay in the country. Any information regarding this would be helpful.

Thanks

yagw
05-04-2012, 12:32 AM
Hi,
I recently (about 2 weeks ago) got laid off on H1B and also received my last pay check. I have been looking for jobs since then. I wanted to know if there is a time limit on how soon I should get a job and apply for H1B transfer and how long can I stay in the country. Any information regarding this would be helpful.

Thanks

Sorry to hear that. I know it is tough, but you need to pull together and start looking for jobs.

Here is what I am aware of. Note, this is not a legal advice.

1. There is no defined grace period after lay off in H1B.
2. Normally, USCIS accepts around 30 days and if you file H1 transfer before that, they approve without any issue.
3. If it is more than 30 days and less than <x> days (<x> depends on case by case) they may approve the H1B but without I-94. That means, you need to go out of the country and get H1 stamped.
4. If you stay in the country for more than 180 days without H1 (or change your visa status) you will get a 3 year bar from entering the country.

Good luck!!

Regards,
YAGW

ss164
05-06-2012, 10:31 PM
Hi YAGW, thanks for the information.

permfiling
05-07-2012, 01:38 PM
Sorry to hear that. I know it is tough, but you need to pull together and start looking for jobs.

Here is what I am aware of. Note, this is not a legal advice.

1. There is no defined grace period after lay off in H1B.
2. Normally, USCIS accepts around 30 days and if you file H1 transfer before that, they approve without any issue.
3. If it is more than 30 days and less than <x> days (<x> depends on case by case) they may approve the H1B but without I-94. That means, you need to go out of the country and get H1 stamped.
4. If you stay in the country for more than 180 days without H1 (or change your visa status) you will get a 3 year bar from entering the country.

Good luck!!

Regards,
YAGW
I agree to the above but as we all including USCIS knows that it is no humanly possible for anyone to leave within 10 days as many folks have families, homes etc so 180 days is correct . Make sure that your current H1 company does not withdraw your H1. If it does prior to your H1 transfer then your new H1 will not have a I-94 attached and you might have to get the new I-94 by traveling outside the country if you still have a valid visa. If your H1 company does not withdraw (atleast if they verbally promise you) then you have more time to look for jobs and transfer your H1. The problem here is that you have to go with any company now which does H1 transfer for you rather you go by your skills choice.

All the best !!!