Curious_Girl via Immigrat

Hi All,
Hope some one can help. I am currently on a H1B. My company wnet thru major
lay offs and I am one of the people who got the "pink slip". My last day is
March 30th. I would like to know how this affects my H1B status. Has any one
gone thru something like this in the past.
Thanks and I appreciate your help!

Curious_girl

--
Message posted via ImmigrationKB.com
http://www.immigrationkb.com/Uwe/Forums.aspx/usa-immigration/200701/1

J. J. Farrell

Curious_Girl via ImmigrationKB.com wrote:
> Hi All,
> Hope some one can help. I am currently on a H1B. My company wnet thru major
> lay offs and I am one of the people who got the "pink slip". My last day is
> March 30th. I would like to know how this affects my H1B status. Has any one
> gone thru something like this in the past.
> Thanks and I appreciate your help!

You go out of status at the end of March 30th, and are required to
leave the USA immediately. The company is obliged to pay the reasonable
costs of your personal trip to your home country.

If you can find another job and file an H-1B "transfer" petition before
March 30th, then you stay in H-1B status and can work at the new
company. Similarly, if you file a non-trivial application to change to
another status (that is, an application that you could reasonably
expect to be approved) then you stay in status. People sometimes file a
change to B-2 (visitor) status for a month or two to tidy up affairs
and take vacation.

Curious_Girl via Immigrat

Thanks for the info.
You are very kind.
The thing is I do not want to go back home.. I guess I need to look really
hard for a job and see if I find something! Other wise the filing for a B2
option might be my last resource...

J. J. Farrell wrote:
>> Hi All,
>> Hope some one can help. I am currently on a H1B. My company wnet thru major
>> lay offs and I am one of the people who got the "pink slip". My last day is
>> March 30th. I would like to know how this affects my H1B status. Has any one
>> gone thru something like this in the past.
>> Thanks and I appreciate your help!
>
>You go out of status at the end of March 30th, and are required to
>leave the USA immediately. The company is obliged to pay the reasonable
>costs of your personal trip to your home country.
>
>If you can find another job and file an H-1B "transfer" petition before
>March 30th, then you stay in H-1B status and can work at the new
>company. Similarly, if you file a non-trivial application to change to
>another status (that is, an application that you could reasonably
>expect to be approved) then you stay in status. People sometimes file a
>change to B-2 (visitor) status for a month or two to tidy up affairs
>and take vacation.

newnewyorker7

Another option would be to ask for B2 status to take some time off and
look into colleges for graduate study.
Then you may convert your status from B2 to F1 in the future.

I have a theoretical question for others though. Assuming that someone
can get H1 to B2 status some time. Is it possible to switch back to H1
after finding another job? The main concern here is that she was
already counted against H1B cap and she can be cap exempt for future
H1B applications.

Thanks,

Curious_Girl via ImmigrationKB.com wrote:
> Thanks for the info.
> You are very kind.
> The thing is I do not want to go back home.. I guess I need to look really
> hard for a job and see if I find something! Other wise the filing for a B2
> option might be my last resource...
>
> J. J. Farrell wrote:
> >> Hi All,
> >> Hope some one can help. I am currently on a H1B. My company wnet thru major
> >> lay offs and I am one of the people who got the "pink slip". My last day is
> >> March 30th. I would like to know how this affects my H1B status. Has any one
> >> gone thru something like this in the past.
> >> Thanks and I appreciate your help!
> >
> >You go out of status at the end of March 30th, and are required to
> >leave the USA immediately. The company is obliged to pay the reasonable
> >costs of your personal trip to your home country.
> >
> >If you can find another job and file an H-1B "transfer" petition before
> >March 30th, then you stay in H-1B status and can work at the new
> >company. Similarly, if you file a non-trivial application to change to
> >another status (that is, an application that you could reasonably
> >expect to be approved) then you stay in status. People sometimes file a
> >change to B-2 (visitor) status for a month or two to tidy up affairs
> >and take vacation.
>
> --

My interest

[email protected] wrote:
> Another option would be to ask for B2 status to take some time off and
> look into colleges for graduate study.
> Then you may convert your status from B2 to F1 in the future.
>
> I have a theoretical question for others though. Assuming that someone
> can get H1 to B2 status some time. Is it possible to switch back to H1
> after finding another job? The main concern here is that she was
> already counted against H1B cap and she can be cap exempt for future
> H1B applications.
>
> Thanks,

I am not a lawyer, but I remember have read a recent news that USCIS
had clarified some points on H1B. One of them was (if I remember
correctly): if an ex-H1B holder found a job within 1year, he could
continue use the previous H1B quota (i.e. don't need to wait for
another quote) assuming he had not reached the 6-year limit. (But his
remaining number of years will be 6 - whatever he had previous stayed.)