View Full Version : H1B .. Laid off. H1B revoked..Options??

02-13-2013, 06:34 PM
Hi Friends,

I was working for company X and they have laid off 1000+ employees all over US due to poor economic conditions in that particular industry. They asked me to leave on that very day which was November 13 without giving any prior notice. They offered me severance package and the last pay check was dated January 25. 2012. I spoke to two attorneys. First at murthy.com and she wasn't much help. She thought my H1B is already revoked (I found out today that my H1B is revoked today only and my ex employee took this long, 3 months to send a notice to USCIS) and I have just an option of H1B transfer with either extension of stay or consular processing. After her I spoke to another attorney called Kidambi and he was nice spoke about an hr and explained me clearly the options. He told me that there have been cases where the employee's H1B transfer petition has been accepted even after a gap of 4-5 months between the two jobs. He suggests me to find a job asap. I also asked him regarding F1 transfer and he says there shouldn't me any problem with that too. He thinks my case when genuinely presented to USCIS and my company laying off 1000+ people being in news there should be no issue in either of my visa transfer petition being accepted. So my questions.

1. How much time do I have now to transfer either to F1 or H1B since my H1B visa is revoked ?

2. My H1B is in a non IT background (mechanical engineering) and currently I am trying multiple options with IT being a strong one as there is not much scope in mechanical engineering with very few companies sponsoring? so would H1B transfer from a non IT to IT background would be an issue? my attorney thinks it has to be somehow related field but am still hopeful and considering IT strongly.

Please help.

02-14-2013, 08:16 PM
Go illegal... You will get EAD as soon as CIR pass, and you will be way ahead of crowd on this forum...

02-14-2013, 09:51 PM
Go illegal... You will get EAD as soon as CIR pass, and you will be way ahead of crowd on this forum...

wonderful idea. will do that ;):p

02-15-2013, 09:47 AM
Attorney is absolutely correct - You need to find a job fast. As time passes complications will also increase. I can not answer specific time frame.

From USCIS perspective, I don't think it matters if you are in mechanical or IT. As long as you have the skills and there is an employer willing to sponsor your H1, you are good.

Just get something quick. You can always look for better pay and work that interests you couple of months down the line.

Best of luck. Hope it helps.