Laid off on H1-B. Need clarifications.
Apr 5th 2001, 8:17 pm
#1
Guest
Posts: n/a
Hi,
I am on H1 B visa and am going to lose my job on April 15(that is the last pay day).
Some questions...
) Since the I-94 card that I got with H1B visa is valid until 2003, am I allowed to
stay until then?
1) How long can I stay in the United States after the company terminates my H1B visa?
2) Will my H1B status be valid after my company stops paying me?
3) If I find new employment, how long do I have to wait until I can start working at
the new job? 4} What is the process of H1B transfer to a new job and how long
does it take?
4) Is my practical training(EAD) still valid when I change status to H1?
5) If I want to start school what do I need to apply for an F1 and am I still in
status after I apply for F1 visa?
6) How long can I stay out of status in the United States?
Thanks for your help.
AC
I am on H1 B visa and am going to lose my job on April 15(that is the last pay day).
Some questions...
) Since the I-94 card that I got with H1B visa is valid until 2003, am I allowed to
stay until then?
1) How long can I stay in the United States after the company terminates my H1B visa?
2) Will my H1B status be valid after my company stops paying me?
3) If I find new employment, how long do I have to wait until I can start working at
the new job? 4} What is the process of H1B transfer to a new job and how long
does it take?
4) Is my practical training(EAD) still valid when I change status to H1?
5) If I want to start school what do I need to apply for an F1 and am I still in
status after I apply for F1 visa?
6) How long can I stay out of status in the United States?
Thanks for your help.
AC
Apr 6th 2001, 1:11 am
#2
Guest
Posts: n/a
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No, not legally.
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Zero days; there is no grace period. You should probably file a I-539 immediately
requesting a change from H-1B to B-2 status, or to some other status for which you
are eligible.
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No.
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When INS receives the I-129, H-1B petition, you can go on the payroll of the new
employer, assuming that INS does not find you to have violated status.
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It's the same process as the initial H-1B petition. The main thing that will take
time is the LCA. They are taking about a month. The I-129 could be filed without
the LCA, after the LCA has been filed, but this will lengthen the total processing
time for the I-129 quite a bit. You can go on the payroll after INS receives the
I-129 however.
AFter you have a new job offer, and a cooperative employer, and a good, fast lawyer,
maybe two weeks.
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No. After you have changed status, your F-1 OPT status is gone forever.
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If you submit Form I-539 accompanied by Form I-20 from the school, prior to the
cessation of your previous status, you will remain in valid status. You need to get
admitted to the school, and have the I-20 issued, before you can file Form I-539.
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Well, there are those who stay in the U.S. out of status until they die. A better
question would be what are the consequences of remaining out of status for a month,
six months, a year, etc.
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No, not legally.
>
>
Zero days; there is no grace period. You should probably file a I-539 immediately
requesting a change from H-1B to B-2 status, or to some other status for which you
are eligible.
>
No.
>
>
When INS receives the I-129, H-1B petition, you can go on the payroll of the new
employer, assuming that INS does not find you to have violated status.
>
It's the same process as the initial H-1B petition. The main thing that will take
time is the LCA. They are taking about a month. The I-129 could be filed without
the LCA, after the LCA has been filed, but this will lengthen the total processing
time for the I-129 quite a bit. You can go on the payroll after INS receives the
I-129 however.
AFter you have a new job offer, and a cooperative employer, and a good, fast lawyer,
maybe two weeks.
>
No. After you have changed status, your F-1 OPT status is gone forever.
>
>
If you submit Form I-539 accompanied by Form I-20 from the school, prior to the
cessation of your previous status, you will remain in valid status. You need to get
admitted to the school, and have the I-20 issued, before you can file Form I-539.
>
Well, there are those who stay in the U.S. out of status until they die. A better
question would be what are the consequences of remaining out of status for a month,
six months, a year, etc.
Apr 11th 2001, 6:06 am
#3
Guest
Posts: n/a
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A month!?!?!?
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Two weeks, if it is filed without the LCA you mean?
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A month!?!?!?
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Two weeks, if it is filed without the LCA you mean?
