Jnb

Hi,

I am on H1B and would be laid off next month.

How much time I have to find a new employer who can transfer my H1 without
getting out of status.

Thanks

John

1577 Ar23

"jnb" <[email protected]> wrote in message
news:[email protected]...
    > Hi,
    > I am on H1B and would be laid off next month.
    > How much time I have to find a new employer who can transfer my H1 without
    > getting out of status.
    > Thanks
    > John

You have from NOW to the day you would be LAID OFF !

J. J. Farrell

jnb wrote:
    > I am on H1B and would be laid off next month.
    > How much time I have to find a new employer who can transfer my
    > H1 without getting out of status.

You go out of H-1B status when you are laid off, so you've got from
now until then.

robertwojciechowski

Wow - this is a spiteful answer. While correct it does not go to say
that if he gets a job shortly after he is laid off he can still be in
H1B status and he can just transfer the H1B visa. Also I believe he is
not an overstay because this is determined by I-94. I am not 100% sure
this is all true.

Instead of asking sthg on this screwed up group - go to a good lawyer
for a consultation.

I am not a lawyer. Use this at your own risk

J. J. Farrell wrote:
    > jnb wrote:
    > >
    > > I am on H1B and would be laid off next month.
    > > How much time I have to find a new employer who can transfer my
    > > H1 without getting out of status.
    > You go out of H-1B status when you are laid off, so you've got from
    > now until then.

El Zorro

Attorneys often get cagey about this question, as they do not want to give
you "ideas" and most options are in the "gray areas". There is a widespread
misconception that you have 45 days AFTER the last day of work to get a new
job or leave the country. This is not true. You are expected to "magically"
get a new job the next day or leave the country immediately... ASAP. It is
very subjective. What happens if you take a chance and hang around for
sometime after your H1 expires? Well, unless the INS or some police official
detains you and does a random check, no one knows and no one cares. If you
get a job within reasonable time and that company "backdates" your H1
transfer request to INS, you are quite fine. How long you are willing to
stay on in a risky situation is upto you. That is, if you do not get a job
before your last date. It is a gamble. If your company is kind enough, ask
them to retain you for say 1 day a week or 1 day a month, as a part timer...
that will keep you legal and will give you time to look for another job.
They have to file an amendment with INS though.
Another tip: Until the company notifies INS of a lay off, the INS doesnt
know about an H1 person's status. Different companies take different amounts
of times to get around to doing this. Check with the promptness of your HR
folks.
Worst case scenario: You stay on for say 3-4 months. Cash runs out, and you
decide to leave the country. You won't normally have a problem exiting.
But, the next time you apply for a visa, with the new computerized systems,
they will consider you as having overstayed on your I-94 and may reject your
visa application or get really probing with you in the interview.
Another option: enrol in a university and apply for F1 status.This should
take longer to process... so once you get your H1 transferred you can always
withdraw the F1 application.
Good luck with everything.

"jnb" <[email protected]> wrote in message
news:[email protected]...
    > Hi,
    > I am on H1B and would be laid off next month.
    > How much time I have to find a new employer who can transfer my H1 without
    > getting out of status.
    > Thanks
    > John
    >

J. J. Farrell

What on earth is spiteful about it? He goes out of status when
he is laid off. If he's lucky, CIS may not notice that he's out of
status and grant a transfer, but he will be out out of status while
unemployed.

Of course it's not an overstay of the I-94 if he doesn't stay
beyond the date on the I-94, but how is that relevant to the
question or the answer?

[email protected] wrote:
    > Wow - this is a spiteful answer. While correct it does not go to say
    > that if he gets a job shortly after he is laid off he can still be in
    > H1B status and he can just transfer the H1B visa. Also I believe he is
    > not an overstay because this is determined by I-94. I am not 100% sure
    > this is all true.
    > Instead of asking sthg on this screwed up group - go to a good lawyer
    > for a consultation.
    > I am not a lawyer. Use this at your own risk
    > J. J. Farrell wrote:
    > > jnb wrote:
    > > >
    > > > I am on H1B and would be laid off next month.
    > > > How much time I have to find a new employer who can transfer my
    > > > H1 without getting out of status.
    > >
    > > You go out of H-1B status when you are laid off, so you've got from
    > > now until then.

sunnysideup

I don't think you can transfer an H-1, can you? If you get a new employer they would have to apply for a new H-1 from scratch. The H-1 is for a specific job with a specific employer. If and when you get laid off, you have a short time to pack your bags. Happened to a friend of mine. He was advised he had at most 10 days after his last day of work.

Tohc

you've got atleast 3 months to find an employer to hire you with the same
classification of job when you got your H1B.
"J. J. Farrell" <[email protected]> wrote in message
news:[email protected] ups.com...
    > jnb wrote:
    >> I am on H1B and would be laid off next month.
    >> How much time I have to find a new employer who can transfer my
    >> H1 without getting out of status.
    > You go out of H-1B status when you are laid off, so you've got from
    > now until then.
    >