HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Hi guys,

I am sure this may have been answered on here before, but my head is spinning right now! :blink:

I have just been told I have been laid off from my job. I moved to the US on an H1-B visa. However, back in March I got married to a US citizen and we had put off changing my status for a couple of months due to the cost and still paying off the wedding.

Well that situation has now changed!

As I understand it, if I can find another employer willing to take me on they can file for the H1-B to be transfered over to them. But am I still allowed to work for them as soon as they have had a receipt for the filing?

Is there any grace period from USCIS to allow me to look for another job or is my H1-B status affectively null and void the moment they receive notice from my current employer?

I am already looking at the USCIS website to see what forms (I130??) I need to file to change my status as a spouse of a US citizen and if I remember rightly once you have filed this you can legally work - is this correct? If so this might be my quickest and safest route to staying on here legally.

Are there any other options?

Thanks

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Sorry to hear about your job; I'm afraid there is no real grace period for you when your H-1B ends. There still may be other options for renewing your H-1B status with a new employer, but adjusting status to PR through your USC spouse is an immediate way to solve the problem.

Here is a shortcut to the AOS process and the forms involved: Adjustment of Status -- read slowly and carefully.

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

The simplest thing, IMO, is for you to file for Adjustment of Status. In order to do this, you need to file the I-130 and I-485 package concurrently. The I-485 package includes the I-765 work authorization application. It generally takes about 90days to get your EAD and you can work for any employer.

I have no idea if you can somehow transfer the H1-B, or even how easy it would be. Hopefully someone else can pipe up and tell you how feasible that option may be. I assume your ultimate goal is remain here, so eventually you'll need to file for AOS..may as well get it out of the way now.

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

I agree with the others. File for your adjustment of status (AOS) based on your marriage to a USC, ASAP. Part of that whole AOS package of forms is I-765 (application for Employment Authorization Document). It takes about 90 days to receive the EAD after you file the AOS package. You might end up with a gap in your employment, but at least filing the AOS will allow you to remain in the USA.

Rene

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Thanks, Guys.

Just so I am clear then - I will go ahead and file for adjustment to status this afternoon - BUT are you saying that I have to wait up to 90 days in order to be allowed to start work and if so does filing for the adjustment allow me to stay in the US in the meantime - my only concern is that I am not, not technically, adjusting my status as technically my H1-B visa is not being used. Eek - the thought of flying back to the UK and sleeping on my mates couch for the next 3 months, leaving all my worldly possessions (including my wife and pets) behind..... doesn't bear thinking of!

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Thanks, Noorah. Phew.. I think we can survive for 90 days (on bread and water) just so long as I don't have to leave the US.

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

I'm impressed you got everything together so quickly, you are fine once you have submitted your application. But you won't be able to work until you receive your EAD and you should not leave the country unless you have your AP.

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Yes, you will have to wait up to 90 days (or more) for your work authorization to come, so that you can start a new job.

Yes, filing AOS allows you to stay in the USA, even though your H1B is no longer valid.

Are you sure you can file the AOS this afternoon?? It's a LOT of forms and backup info to be gathered...plus you need a full medical done!

Rene

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

:rofl: Noorah... what I meant was I will not waste any time and begin filling out the forms this afternoon!!

Thanls for all your help - I wonder if I can get my appl. expedited if I plead financial hardship!

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Unfortunately not. :(

If you have any questions on the AOS forms, please post them over in the Marriage-Based forum.

Thanks!
Rene

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

ok thanks. One last question (can you tell I am panicking!!)

This AoS Package - I take it I can just download the forms from the internet or do I actually have to physically get a package (I think you mentioned something about them sending a sealed envelope). If so, where do I get one from? sorry to sound so bloody ingnorant - but I have 2 hours left before my unsuspecting wife comes home from work and I want to show we have an action plan before the floods of tears start!

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

All the necessary AOS forms are online. They are pdf files and can be filled out online and then printed. All need original signatures.

You can find them all at www.uscis.gov, Immigration Forms.

You will need:
I-130
I-485
G-325A
I-864
I-765
I-131

Plus a full medical done by a USCIS approved doctor (the list of doctors is on the USCIS webiste somewhere). The medical results are returned to you in a sealed envelope which you include in your AOS package.

The whole AOS package gets sent to the address listed on the I-485.

Rene

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

You're a STAR!

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

I know people find this incredibly helpful when you write out the list of forms in their thread, but I *really* encourage people to read that wiki entry. It's not written for our entertainment, but because there are a lot of details that are easy to overlook when you're in a panic, like you are now, OP.

Please read carefully, in all the form instructions and attachments. If you make an error in your initial submission, your work permit can be delayed by several crucial weeks or months more.

The correct submission address is on the form download page at uscis.gov; forms often have incorrect instructions or fees so always check the download page before making your submission. And keep a copy of everything for yourself.

I just feel like once this list is posted to their thread, people think they do not need to read any more instructions or wiki entries, missing out on the many valuable contributions we've had from people over the years.

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Good point, meauxna. I'll try to resist in the future. :)

Rene

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Wiki has been read, read again and I'll get my better half to read it a 3rd and 4th time.

Thanks, again!

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

And FFS don't open the bloody envelope!

:rofl:

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Man, I hear you, I'm nervous as I have no convenient USC wife to fall back on. My company just laid off another couple of hundred folks today. I'm told I am fine for now, but it seems even the mighty O1 is impotent when it comes to job cuts.

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Things can be arranged. :)

But don't use that 'i' word... just a tip for ya there. ;)

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

:rofl::rofl:

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Caley! That's terrible! Best of luck and hopefully they don't lay you off. From a practical standpoint though - if they went through all of the effort of getting you an O1 visa, it would seem unlikely you would be one of the unlucky ones. Here's hoping. I've been on an E3 and now H1B since 2 months before the shi*t hit the fan last year and it certainly is worrying. Anyway, best of luck.

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Does anyone know the process (and how easy, costly) it is to get the H1-B Visa transfered over to a new employer?

It would be handy to know if someone has been through this process - I am guessing employers might be put off it they think it will cost them or take several weeks.

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Hey ,
I still don't understand why you want to do this. Your marriage to a US citizen

will resolve your problem immediately in case you file AOS.

You maybe find a employer who is willing to wait until you have your EAD.

My company would transfer H1B and I also know several other companies.

But this depends on your skills and how much they need you!

I don't know the costs.

Kind Regards
CCR

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

I don't know how much time it takes to get a new employer and get the transfer done, but you might even have your EAD by that time.

Rene

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

The USCIS system was down this morning - but now up.
Apparentyly you can begin working for the new employer immediately you have your case submitted and receive a case number - you don't have to wait for the full approval.

Ultimately, if I find a new employer next week this means I can begin being paid again (or at least be on the payroll) in around 4-5 weeks.

I am still filing for the AoS - but we can't send that off for another 3 days due to waiting for medical results etc.. and even still it could be 3 months before I receive my AoS EAD which means it could be at least 4 months before I can get on someone's payroll - still got to find a job. If there is job going next week it would seem only sensible to go down the Transfer route.

It will cost the new employer only the fee of filing the I-129 again around $355 dollars which they can take out of my first pay check - I don't care!!

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

I would add the following: If this is an intended adjustment of status based on marriage to a USC, I have always filed these applications with 2 G-325s, one for the U.S. Citizen and one for the intending immigrant. I include 2 photos for the USC and six for the immigrant. I also include the WR-702.

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Why would my wife need a biometric? Come to think of it I shouldn't really as I had this all done in September at the US Embassy in London for my H1B.. but I can't see me getting away with that.

What is a WR702

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Are you talking about the G-325A Biographical information form? Or are you talking about the biometrics fingerprinting?

Either way, when you adjust status to permanent resident via marriage to a USC, you basically are starting all over with immigration again. You'll need to comply with the requirements of all the new forms, including and repeating any information you might have given them before, for a different visa.

Part of the requirements for the I-130 and I-485 is providing a G-325A for each of you - Biographical Information.

Biometrics fingerprints are done for the immigrant at every step of the way. Even if you had them before, for a different visa, they'll do them again for your AOS. Then they'll do them again if you have to apply to remove conditions. Then they'll do them again if you ever become a USC.

Rene

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

And make sure you sign ALL the medical forms before the envelope is sealed by the doc. (this resulted in a 4 year delay in my wife's green card application)

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

I take it that the I131 fee is separate and not included in the "AoS package" fee.

I am not going to apply for the I131 with the AoS as technically my H1-B is still valid if I find a job very soon and don't have a break in my paystubs. It would seem strange if I were to apply for a I131 if I am here on an an H1-B.

I may well have a job by next week - not holding my breath but a former client is hinting.

As for the G325a forms - was there a conclusion to the "1 page, 4 pages" debate? When I took the form off the USCIS a couple of weeks ago (the one which supposedly expired at the end of June 2009!!!) and filled it in, then printed it off.. it printed 4 copies. This new revision (06/30/11) doesn't seem to print off 4 copies.

Also - what is it with this form - you try and use the Adobe verion to type it in and for one, the dates fields don't fit, and they give you no room to type anything!!

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

That's incorrect. The I-131 fee is included in the $1,010 fee for AOS.

Not strange at all. If I were you, I'd file the I-131 since there's no extra fee for it. If you lose your H1B status, you'll have no way of taking a trip abroad while waiting for your AOS to process. Better safe than sorry.

It seems they've settled on the 1-page format....for now, anyway.

I think they're still working out the glitches. Print off what you can, and fill the rest in by hand with a pen.

Rene

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

oh well, if that is the case you're right, Rene, I might as well apply!

So, almost done now. Only one thing still to make sure of - do all AoS "packages" have to go to the Chicago "lockbox" or our local USCIS Service Center (which just happens to be here in Houston)?

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

Chicago. Make sure you get the correct address off the I-485 cover page at www.uscis.gov, Immigration Forms, I-485.

Rene

Re: HELP! Just been laid off (here on H1-B) what do I need to do!!
 

The instructions on the form download page break down where each type of I-485 application is submitted.
Application to Register Permanent Residence or Adjust Status

edit; you will also want to read the 'Special Instructions' on that page carefully regarding I-131 & I-765.