Svk

Are H1-B visa holders are allowed to stay in US aftere layoff? If yes then how long
can they stay?

Appreciate any information.

Tejas

My understanding is that once your employment is terminated, you are not on legal
status, but recently INS has started making some concessions on that rule.

It is better to consult an attorney about your particular situation.

"svk" <[email protected]>
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Kris

Apply for another job ASAP, INS can allow transfer of status until 60 days
(Discretionary option). You can stay as long as you have a valid I-94 or INS inform
you that your I-94 is no longer valid, but can not work........

"Tejas" <[email protected]>
[usenetquote2]> > Are H1-B visa holders are allowed to stay in US aftere layoff? If yes[/usenetquote2]
then
[usenetquote2]> > how long can they stay?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Appreciate any information.[/usenetquote2]

Abz Bca

Hey Kris--

What you say is soothing! Does the info telling "An alien can stay untill I-94 is
valid.." come from an authentic source? Please verify.

Thanks. Ab_z

"Kris" <[email protected]>
[usenetquote2]> > > Are H1-B visa holders are allowed to stay in US aftere layoff? If yes[/usenetquote2]
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[usenetquote2]> > > how long can they stay?[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Appreciate any information.[/usenetquote2]

Kris

My attorney told me, he explains that it is the reason that INS generally grant
transfer of status since you have a valid I-94, it does not trigger the Bar since you
are not unlawfully present. if you work while being laid off then you start
accumulating the unlawful status days.

"abz bca" <[email protected]>
[usenetquote2]> > > > Are H1-B visa holders are allowed to stay in US aftere layoff? If[/usenetquote2]
yes
[usenetquote2]> > then[/usenetquote2]
[usenetquote2]> > > > how long can they stay?[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > Appreciate any information.[/usenetquote2]

Sylvia Ottemoeller

Make no mistake about it, abz bca. The moment you leave the payroll of your H-1B
employer, and you do not leave the U.S. or apply for an extension or some other
status for which you are eligible, you have violated your status. You are subject to
deportation from the U.S.

While adjudicating a subsequent H-1B petition by another employer on your behalf, INS
may "forgive" some time out of status, but there is no guarantee. INS may deny the
request to change status, and require that you leave the U.S. before you can get back
into valid status.

It is true that you do not start counting time toward the 3 and 10 year bar before
the end date on your I-94. However, that is only one of the negative effects of
violating status. There are several.

It would be wise for you to consult with an attorney for your own protection at the
present time.

abz bca wrote:

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[usenetquote2]> > > > Are H1-B visa holders are allowed to stay in US aftere layoff? If yes then[/usenetquote2]
[usenetquote2]> > > > how long can they stay?[/usenetquote2]

Manish

If your Employer does not cancell your H1B(informs INS) you can request him to put you on LEAVE with out Pay.. that way you are not going to be out of status and look for other job/employer
Correct me if I am wrong!!

Stuart Brook

You're wrong! Leave without pay is also known as Benching, which is now specifically
illegal on the part of the employer. It is also an out of status situation on your
part because you are no longer performing the duties your H1B was issued to permit
you to do, and you will no longer be performing them on completion of the leave
period (unlike a woman on maternity leave or a person on medical leave).

Stuart

Manish wrote:

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