sum008

Hi, I got laid off a week ago and was working on an H1-B visa. I read
in these forums that you have 10 days to leave the country. But after
talking to few immigration lawyers, I was suggested that 60 days is OK,
since the cancellation of H1-B take 3-4 months. All I would need to do
is get an H1-B ASAP, then probably would have to travel outside the
country and get another I-94, since my current I-94 automatically
expires??
I am currently not in a possible to just pack my bags and leave since I
want to try other companies. I am in process of talking to other
employers but it will take about 2 months or so for me to get another
H1-b filed.
My question is, can I stay out of status and file for an H1-B for these
40 plus days? My previous company and actual H1-B cancellation is going
to take about 3 or more months - as the lawyers suggested, I am using
this buffer to look for another job and hope to get one some in a month
or so. But would need the time about 2 months to file the next H1-B.
What are my options as of now when been laid off and living with a
terminated H1-B. How long is OK to to file for another H1-B, since
getting a new job will take time.

Please advise with available options,

Thanks, Sumera

Ozzidoc

You want a new company to take over the old (current) H1B, otherwise u go back to the end of the queue, the process starts all over again ie annual quotas, waiting months for the visa etc. Believe that the new company cant do this now that u are no longer at the old company. ie can only be done if u have a current H1B.

Sorry to be the bearer of bad news, but u need to prepare for the worse. My partner was in a similar situation (loads of upcoming redundancies), so spoke to the lawyers in advance. He wasnt made redundant, so was ok. The advice he was given was that he had to leave the company within 2 weeks, but that could be to go over to mexico and back, and come back in on a tourist visa (waiver) which would give enough time to sort out property etc. And also to job hunt.

Good luck - must be stressful

Kevin Keane

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OK, there are a few separate issues here.

First of all, the ten days apply only after the end of the full term of
the H-1B. If you were laid off earlier than that, you technically have
to depart the USA immediately, or at least as near as that as is
reasonable. If you need a few months to clean up your affairs, you can
file a change of status to tourist (B-2) on form I-539, but you have to
do that quickly.

The 60 days and three to four months mentioned were, at best,
suggestions about how to get away with doing something that actually
isn't permissible. In practical terms, it's meaningless, since USCIS
would ask for your last pay stubs when you apply for a transfer.

If it takes two months to file the new H-1B, you may run into a couple
of issues. First, if you didn't change to tourist status as I suggested,
you'd have to leave the USA and come back. Second, you couldn't take
advantage of the transfer provision (meaning, you'd have to wait for
actual approval before starting to work). Third, USCIS may count you
under the quota (depends on how long the gap was between the H-1Bs).

[email protected] wrote:
    > Hi, I got laid off a week ago and was working on an H1-B visa. I read
    > in these forums that you have 10 days to leave the country. But after
    > talking to few immigration lawyers, I was suggested that 60 days is OK,
    > since the cancellation of H1-B take 3-4 months. All I would need to do
    > is get an H1-B ASAP, then probably would have to travel outside the
    > country and get another I-94, since my current I-94 automatically
    > expires??
    > I am currently not in a possible to just pack my bags and leave since I
    > want to try other companies. I am in process of talking to other
    > employers but it will take about 2 months or so for me to get another
    > H1-b filed.
    > My question is, can I stay out of status and file for an H1-B for these
    > 40 plus days? My previous company and actual H1-B cancellation is going
    > to take about 3 or more months - as the lawyers suggested, I am using
    > this buffer to look for another job and hope to get one some in a month
    > or so. But would need the time about 2 months to file the next H1-B.
    > What are my options as of now when been laid off and living with a
    > terminated H1-B. How long is OK to to file for another H1-B, since
    > getting a new job will take time.
    >
    > Please advise with available options,
    >
    > Thanks, Sumera
    >


- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.

NOTICE: Due to Presidential Executive Orders, the National Security
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They may do this without any judicial or legislative oversight. You
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sumitmalhotra

Thanks for the replies: As I understand I have to get an new H1-B ASAP
or if I get it in 2 months time, I would need to go out of the country
and get another visa stamp and an I-94.

What do you mean by when you say I can't 'transfer' the H1-b after a
months or so, as I understand the actual H1-b getting revoked would
take 2-3 months, so my future employer when he files in the petition
would need my present approval. Would that work? Why can't I start
working on the receipt notice for the transferred H1-b after a month or
so.

How long is the gap period until they would actually start counting me
towards the quota?


thanks all

JulianB

[QUOTE=sumitmalhotra]Thanks for the replies: As I understand I have to get an new H1-B ASAP
or if I get it in 2 months time, I would need to go out of the country
and get another visa stamp and an I-94.

What do you mean by when you say I can't 'transfer' the H1-b after a
months or so, as I understand the actual H1-b getting revoked would
take 2-3 months, so my future employer when he files in the petition
would need my present approval. Would that work? Why can't I start
working on the receipt notice for the transferred H1-b after a month or
so.

How long is the gap period until they would actually start counting me
towards the quota?

Another idiot that keeps asking the same question till he gets an answer he likes.

You're laid off, you're no longer in status....simple. You need to depart the US.

Kevin Keane

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[email protected] wrote:
    > Thanks for the replies: As I understand I have to get an new H1-B ASAP
    > or if I get it in 2 months time, I would need to go out of the country
    > and get another visa stamp and an I-94.
    >
    > What do you mean by when you say I can't 'transfer' the H1-b after a
    > months or so, as I understand the actual H1-b getting revoked would
    > take 2-3 months, so my future employer when he files in the petition
    > would need my present approval. Would that work?

No. USCIS would demand to see pay stubs from just before the "transfer"
was filed as evidence that you were in status.

    > Why can't I start
    > working on the receipt notice for the transferred H1-b after a month or
    > so.

Because you have to be in status to be able to take advantage of the
transfer provision.

    > How long is the gap period until they would actually start counting me
    > towards the quota?

There is some confusion about that. My understanding is that the law
says "only if you are starting a new six-year period" but actual USCIS
practice seems to be, no more than 60 days.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.

NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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sum008

Thanks All!

Sumera