Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

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

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

Old Jul 22nd 2009, 7:49 pm
  #1  
Goooner!
Thread Starter
 
Pipmeister's Avatar
 
Joined: Oct 2008
Location: Essex, UK
Posts: 235
Pipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to all
Exclamation 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!

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
Pipmeister is offline  
Old Jul 22nd 2009, 8:07 pm
  #2  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default 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.
meauxna is offline  
Old Jul 22nd 2009, 8:07 pm
  #3  
Lost in BE Cyberspace
 
Bluegrass Lass's Avatar
 
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Bluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond repute
Default 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.
Bluegrass Lass is offline  
Old Jul 22nd 2009, 8:12 pm
  #4  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,597
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default 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
Noorah101 is offline  
Old Jul 22nd 2009, 8:15 pm
  #5  
Goooner!
Thread Starter
 
Pipmeister's Avatar
 
Joined: Oct 2008
Location: Essex, UK
Posts: 235
Pipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to all
Default 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!
Pipmeister is offline  
Old Jul 22nd 2009, 8:23 pm
  #6  
Goooner!
Thread Starter
 
Pipmeister's Avatar
 
Joined: Oct 2008
Location: Essex, UK
Posts: 235
Pipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to all
Default 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.
Pipmeister is offline  
Old Jul 22nd 2009, 8:24 pm
  #7  
BE Enthusiast
 
Joined: Feb 2006
Location: Maryland
Posts: 667
Longy is a splendid one to beholdLongy is a splendid one to beholdLongy is a splendid one to beholdLongy is a splendid one to beholdLongy is a splendid one to beholdLongy is a splendid one to beholdLongy is a splendid one to beholdLongy is a splendid one to beholdLongy is a splendid one to beholdLongy is a splendid one to beholdLongy is a splendid one to behold
Default Re: HELP! Just been laid off (here on H1-B) what do I need to do!!

Originally Posted by Pipmeister View Post
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!
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.
Longy is offline  
Old Jul 22nd 2009, 8:26 pm
  #8  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,597
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: HELP! Just been laid off (here on H1-B) what do I need to do!!

Originally Posted by Pipmeister View Post
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!
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

Last edited by Noorah101; Jul 22nd 2009 at 8:35 pm.
Noorah101 is offline  
Old Jul 22nd 2009, 8:37 pm
  #9  
Goooner!
Thread Starter
 
Pipmeister's Avatar
 
Joined: Oct 2008
Location: Essex, UK
Posts: 235
Pipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to all
Default Re: HELP! Just been laid off (here on H1-B) what do I need to do!!

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!
Pipmeister is offline  
Old Jul 22nd 2009, 8:41 pm
  #10  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,597
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: HELP! Just been laid off (here on H1-B) what do I need to do!!

Originally Posted by Pipmeister View Post
Thanls for all your help - I wonder if I can get my appl. expedited if I plead financial hardship!
Unfortunately not.

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

Thanks!
Rene
Noorah101 is offline  
Old Jul 22nd 2009, 8:50 pm
  #11  
Goooner!
Thread Starter
 
Pipmeister's Avatar
 
Joined: Oct 2008
Location: Essex, UK
Posts: 235
Pipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to all
Default 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!
Pipmeister is offline  
Old Jul 22nd 2009, 8:53 pm
  #12  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,597
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: HELP! Just been laid off (here on H1-B) what do I need to do!!

Originally Posted by Pipmeister View Post
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!
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
Noorah101 is offline  
Old Jul 22nd 2009, 9:01 pm
  #13  
Goooner!
Thread Starter
 
Pipmeister's Avatar
 
Joined: Oct 2008
Location: Essex, UK
Posts: 235
Pipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to all
Default Re: HELP! Just been laid off (here on H1-B) what do I need to do!!

You're a STAR!
Pipmeister is offline  
Old Jul 22nd 2009, 9:13 pm
  #14  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: HELP! Just been laid off (here on H1-B) what do I need to do!!

Originally Posted by Noorah101 View Post
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
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.
meauxna is offline  
Old Jul 22nd 2009, 9:40 pm
  #15  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,597
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default 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
Noorah101 is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2022 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.