H1-B and layoff situation

Old Apr 29th 2002, 2:30 am
  #1  
Zralok
Guest
 
Posts: n/a
Default H1-B and layoff situation

Hi,

According to INS law temporary worker on H1-B visa in the lay off situation has
only 10 days to leave the country or find a new job.

It's hard to find a new employer (sponsor) within 10 days. I've heard that some
people in this situation are staying longer: 2 - 3 months. What are the
consequences of exeeding this 10 days period? The main question is if it might
affect issuing future visas?

Regards Zralok
 
Old Apr 29th 2002, 5:00 am
  #2  
Stuart Brook
Guest
 
Posts: n/a
Default Re: H1-B and layoff situation

Zralok wrote:
    >
    > Hi,
    >
    > According to INS law temporary worker on H1-B visa in the lay off situation has
    > only 10 days to leave the country or find a new job.
    >
    > It's hard to find a new employer (sponsor) within 10 days. I've heard that some
    > people in this situation are staying longer: 2 - 3 months. What are the
    > consequences of exeeding this 10 days period? The main question is if it might
    > affect issuing future visas?
    >
    > Regards Zralok

No, according to the law, you must leave immediately. In practice the INS allow you a
short period to leave.

There was a time when the INS were, due to the confusion of the time allowed for a
transfer permit 30 to 60 days. BUT this was never official, just like the 10 days was
never official.

The point is that you are admitted to work for the H1B employer and then depart. The
idea was never that you'd just hop from one H1B employer to another, although there
was a means to permit that, but the idea there was you'd apply for the new job before
you left the old. (When layoffs were not the norm)

The INS has been cracking down on overstays recently as reported in another forum,
meaning that they will NOT change or extend status (including change to a new
employer) if you've overstayed (i.e. filed after you're laid off, I-94 expires, you
quit etc.), although they may approve the employment. This has the effect that you
must return to your home country to get a new visa, where your overstay will be
looked at in approving a new visa. Thanks to Sep.11

Overstays in the past have not caused too much problem unless you get a Green Card,
or you stay 6 months past the end of your I-94 (when you get an auto 3 year bar.)
Things are changing in terms of enforcing the rules. The INS have been caught flat
footed a few too many times in the public's eye since Sep. 11, so the enforcement of
the rules is intensifying, and you can expect the visa officers to be a little more
careful too.

Stuart
 
Old Apr 29th 2002, 3:30 pm
  #3  
Zralok
Guest
 
Posts: n/a
Default Re: H1-B and layoff situation

Is there any way to extend this 10 days period in a legall way? In order to sell car,
pack all the things, go to the trip around USA.

Regards Zralok

    > Zralok wrote:
    > >
    > > Hi,
    > >
    > > According to INS law temporary worker on H1-B visa in the lay off situation
    > > has only 10 days to leave the country or find a new job.
    > >
    > > It's hard to find a new employer (sponsor) within 10 days. I've heard that
    > > some people in this situation are staying longer: 2 - 3 months. What are the
    > > consequences of exeeding this 10 days period? The main question is if it
    > > might affect issuing future visas?
    > >
    > > Regards Zralok
    >
    > No, according to the law, you must leave immediately. In practice the INS allow you
    > a short period to leave.
    >
    > There was a time when the INS were, due to the confusion of the time allowed for a
    > transfer permit 30 to 60 days. BUT this was never official, just like the 10 days
    > was never official.
    >
    > The point is that you are admitted to work for the H1B employer and then depart.
    > The idea was never that you'd just hop from one H1B employer to another, although
    > there was a means to permit that, but the idea there was you'd apply for the new
    > job before you left the old. (When layoffs were not the norm)
    >
    > The INS has been cracking down on overstays recently as reported in another forum,
    > meaning that they will NOT change or extend status (including change to a new
    > employer) if you've overstayed (i.e. filed after you're laid off, I-94 expires, you
    > quit etc.), although they may approve the employment. This has the effect that you
    > must return to your home country to get a new visa, where your overstay will be
    > looked at in approving a new visa. Thanks to Sep.11
    >
    > Overstays in the past have not caused too much problem unless you get a Green Card,
    > or you stay 6 months past the end of your I-94 (when you get an auto 3 year bar.)
    > Things are changing in terms of enforcing the rules. The INS have been caught flat
    > footed a few too many times in the public's eye since Sep. 11, so the enforcement
    > of the rules is intensifying, and you can expect the visa officers to be a little
    > more careful too.
    >
    > Stuart
 
Old Apr 29th 2002, 3:30 pm
  #4  
Stuart Brook
Guest
 
Posts: n/a
Default Re: H1-B and layoff situation

Zralok wrote:
    >
    > Is there any way to extend this 10 days period in a legall way? In order to sell
    > car, pack all the things, go to the trip around USA.
    >
    > Regards Zralok

There is no 10 day period. There is no 10 day period. There is no 10 day period! Just
so you know!

You must leave the USA as soon as physically possible or otherwise regularize
your status.

You may be able to apply to change status to B2, providing your application goes out
the day of your layoff, and you can demonstrate clearly a date for leaving the USA.
Normally a B2 is required to have a residence abroad they have no intention of
abandoning. If you've been in the US for a while, this is probably not the case. So
far only a few B2 requests have bounced that I've heard of ... but it's worth trying.
Apply on form I-539. If you leave it until after you've been laid off to apply,
chances are much higher that you'll be refused, because of a zero tolerance policy on
out of status change / extension requests.

If you're already laid off, just pack up and get your affairs sorted out as quick
as possible.

Stuart
 
Old Apr 30th 2002, 6:30 am
  #5  
James Fong
Guest
 
Posts: n/a
Default Re: H1-B and layoff situation

Just stay and find a job until someone catches you.

"Stuart Brook" <[email protected] > wrote in message
news:[email protected]...
    >
    >
    > Zralok wrote:
    > >
    > > Is there any way to extend this 10 days period in a legall way? In order to sell
    > > car, pack all the things, go to the trip around USA.
    > >
    > > Regards Zralok
    >
    > There is no 10 day period. There is no 10 day period. There is no 10 day period!
    > Just so you know!
    >
    > You must leave the USA as soon as physically possible or otherwise regularize
    > your status.
    >
    > You may be able to apply to change status to B2, providing your application goes
    > out the day of your layoff, and you can demonstrate clearly a date for leaving the
    > USA. Normally a B2 is required to have a residence abroad they have no intention of
    > abandoning. If you've been in the US for a while, this is probably not the case. So
    > far only a few B2 requests have bounced that I've heard of ... but it's worth
    > trying. Apply on form I-539. If you leave it until after you've been laid off to
    > apply, chances are much higher that you'll be refused, because of a zero tolerance
    > policy on out of status change / extension requests.
    >
    > If you're already laid off, just pack up and get your affairs sorted out as quick
    > as possible.
    >
    > Stuart
 
Old Apr 30th 2002, 6:00 pm
  #6  
Zralok
Guest
 
Posts: n/a
Default Re: H1-B and layoff situation

Thanx for response. It's sad - it looks like I have almost to escape.

Regards Zralok

"James Fong" <[email protected]> wrote in message
news:<[email protected]>...
    > Just stay and find a job until someone catches you.
    >
    >
    >
    > "Stuart Brook" <[email protected] > wrote in message
    > news:[email protected]...
    > >
    > >
    > > Zralok wrote:
    > > >
    > > > Is there any way to extend this 10 days period in a legall way? In order to
    > > > sell car, pack all the things, go to the trip around USA.
    > > >
    > > > Regards Zralok
    > >
    > > There is no 10 day period. There is no 10 day period. There is no 10 day period!
    > > Just so you know!
    > >
    > > You must leave the USA as soon as physically possible or otherwise regularize
    > > your status.
    > >
    > > You may be able to apply to change status to B2, providing your application goes
    > > out the day of your layoff, and you can demonstrate clearly a date for leaving
    > > the USA. Normally a B2 is required to have a residence abroad they have no
    > > intention of abandoning. If you've been in the US for a while, this is probably
    > > not the case. So far only a few B2 requests have bounced that I've heard of ...
    > > but it's worth trying. Apply on form I-539. If you leave it until after you've
    > > been laid off to apply, chances are much higher that you'll be refused, because
    > > of a zero tolerance policy on out of status change / extension requests.
    > >
    > > If you're already laid off, just pack up and get your affairs sorted out as quick
    > > as possible.
    > >
    > > Stuart
 
Old May 3rd 2002, 4:30 am
  #7  
Got Root?
Guest
 
Posts: n/a
Default Re: H1-B and layoff situation

"Zralok" <[email protected]> wrote in message
news:[email protected]...
    > Hi,
    >
    > According to INS law temporary worker on H1-B visa in the lay off situation has
    > only 10 days to leave the country or find a new job.
    >
    > It's hard to find a new employer (sponsor) within 10 days. I've heard that some
    > people in this situation are staying longer: 2 - 3 months. What are the
    > consequences of exeeding this 10 days period? The main question is if it might
    > affect issuing future visas?

The H-1B visa is used/abused by companies to hire cheap foreign labor based upon the
computer industry's fabricated myth of a native worker shortage. The H-1B visa is not
for your personal convenience. Your stay here is purely at the whim of the employer.
You are a temporary disposable worker, not a tourist. You can't just pick and choose
when you come and go. You are a temporary hired hand, and when your employer is all
finished with you, your visa immediately expires and you must go home immediately.
You do not have 10 days. It was never the intent of the H-1B laws that you be able to
remain in the U.S. after losing your job and compete against American citizens who
have also been layed off. If you do not leave the country immediately, you are
breaking the laws of the United States and are considered a criminal. As such, you
need to take the expiration of your visa seriously. This should not have been a
surprise to you. You should have understood all of this when you agreed to the
arrangement.
--
Fight The H-1B Fiasco! A C T N O W! www.HireAmericanCitizens.org - Learn About H-1B
and Help Stop It!

    > Regards Zralok
 
Old May 3rd 2002, 5:30 am
  #8  
Got Root?
Guest
 
Posts: n/a
Default Re: H1-B and layoff situation

"James Fong" <[email protected]> wrote in message
news:[email protected]...
    > Just stay and find a job until someone catches you.

It was never the intent of the H-1B laws that H-1B workers be able to remain in the
U.S. after losing their job. The immediate visa expiration aspect of the H-1B law
was to prevent H-1Bs from competing against American citizens who have also been
layed off. If he does not leave the country immediately, he is breaking the laws of
the United States and is considered a criminal. If he takes your advise and
willfully breaks the law, what other U.S. laws is he willing to ignore? If he does
not have a valid visa, he is not allowed to be here in the United States, much less
look for a job.
--
Fight The H-1B Fiasco! A C T N O W! www.HireAmericanCitizens.org - Learn About H-1B
and Help Stop It!

    >
    >
    >
    > "Stuart Brook" <[email protected] > wrote in message
    > news:[email protected]...
    > >
    > >
    > > Zralok wrote:
    > > >
    > > > Is there any way to extend this 10 days period in a legall way? In order to
    > > > sell car, pack all the things, go to the trip around USA.
    > > >
    > > > Regards Zralok
    > >
    > > There is no 10 day period. There is no 10 day period. There is no 10 day period!
    > > Just so you know!
    > >
    > > You must leave the USA as soon as physically possible or otherwise regularize
    > > your status.
    > >
    > > You may be able to apply to change status to B2, providing your application goes
    > > out the day of your layoff, and you can demonstrate clearly a date for leaving
    > > the USA. Normally a B2 is required to have a residence abroad they have no
    > > intention of abandoning. If you've been in the US for a while, this is probably
    > > not the case. So far only a few B2 requests have bounced that I've heard of ...
    > > but it's worth trying. Apply on form I-539. If you leave it until after you've
    > > been laid off to apply, chances are much higher that you'll be refused, because
    > > of a zero tolerance policy on out of status change / extension requests.
    > >
    > > If you're already laid off, just pack up and get your affairs sorted out as quick
    > > as possible.
    > >
    > > Stuart
 

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