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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 08-05-2012, 05:17 PM
desi1982 desi1982 is offline
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Default H1B laid off help

Hello Experts,

I am currently on my H1B visa which will expire on DEC 2014.

I have been given notice to that I may get laid off in this month august -2012.

I have already started applying for new jobs but it will take some time. As a last option I might have to go back to my home country. I have completed master's from US and my EAD is expired.
My questions are what should I do? and what are my options?
1) If I will transfer my Visa to B1 I will get 6 months to find new job. Is it correct? does create any problem for H1B transfer?
2)If I will loose my job does it mean my H1B is revoked completely or can I use it with my next employer for H1B transfer process (may be after 2 months of I will loose a job)?
3) Do I have to leave US immediately after revoking my H1B visa? Or do I get any grace period?

I have not done H1B stamping yet
Thanks in advance!!!!
Desi1982
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  #2  
Old 08-05-2012, 11:41 PM
LostInGCProcess LostInGCProcess is offline
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Default

My answers are in red.
Please clarify: Did your employer give you the notice to lay you off? If so, you must hurry up and find another employer who could sponsor your H1 transfer.
Quote:
Originally Posted by desi1982 View Post
Hello Experts,

I am currently on my H1B visa which will expire on DEC 2014.

I have been given notice to that I may get laid off in this month august -2012.

I have already started applying for new jobs but it will take some time. As a last option I might have to go back to my home country. I have completed master's from US and my EAD is expired.
My questions are what should I do? and what are my options?
Ans: Find another job and transfer H1.
1) If I will transfer my Visa to B1 I will get 6 months to find new job. Is it correct? does create any problem for H1B transfer?
Ans: Don't switch back and forth (from h1 to b1 to h1). I believe if you do a COS(change of status) from H1 to B1, you would have to go for stamping.
2)If I will loose my job does it mean my H1B is revoked completely or can I use it with my next employer for H1B transfer process (may be after 2 months of I will loose a job)?
Ans: You would have to find an employer who could file for a transfer before your H1 is withdrawn/revoked.
3) Do I have to leave US immediately after revoking my H1B visa? Or do I get any grace period?
Ans: This is a bit grey area. Usually 15 days allowed.

I have not done H1B stamping yet
As long as you have the I-94 stub (that is attached to the H1) with the valid date, you are good to stay till the expiry date on it.
Thanks in advance!!!
Desi1982
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  #3  
Old 08-25-2012, 09:22 PM
shmuupie123 shmuupie123 is offline
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Default

Ok will tell you my experience which I hope might help!

I was laid off on 1st May 2008 and that was the last day of me being on H1 even though it was valid till Nov 2012. Spoke to a lawyer who suggested to apply for B1 visa the same day. The reason I gave the reason for applying for B1 on the application was that I needed to sell my stuff off and wanted to visit friends and family within US before i start looking for opportunities.

My B1 came through in October (it usually takes them 4-5 months to make a decision, but even if in the end they reject it, you still get 4-5 months to stay in US legally) and I landed a job in November, had no issues at all in getting a new H1 (my previous H1 was also not stamped since I moved from a students visa to H1).

I stepped out of US this year in April and went for my visa stamping in Dubai (my in-laws live there and my wife has gotten her H4 stamped there twice) don't know if it was going for stamping in Dubai, or moving to B1 or USCIS being over cautious (many Indians have been stuck from 2-8 months because of admin processing even though they went for stamping in India) that my visa got stuck in Admin processing.

It is your decision, to measure the pros and cons of handling the situation, I am sorry to hear that you are being laid off, but trust me it is not as bad now to find a job as it was four years ago! Also I think it is much more difficult to leave US and get back in as compared to staying within US and finding a job!

All the best hope things work out for you!
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