Layoffs


Attorney_6

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This week, the attorneys at the Murthy Law Firm will answer questions relating to the immigration issues that arise due to layoffs or potential layoffs. These questions often include H1B status issues, priority date retention, AC21 green card portability, and change of status options. 

 

RULES FOR TOPIC OF THE WEEK THREADS:

  1. Attorney’s postings contain general information only and are not a substitute for case-specific legal advice.
  2. The attorney will answer only those questions that relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate section of the forum.
  3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
  4. Please do not include information that would identify any specific company, university, or individual (including yourself).
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  • 2 weeks later...

Hello, 

 

I was laid off in April this year. I am on H1B and my wife is on H4 visa. We both came from India with stamping. The company lawyer had told me at the time of lay off that even though I would be out of status but if I get another job they will be able to fix the status again, I would have to leave and re-enter US with the new documents. I can travel any nearby country and not necessarily home country. 

 

Its been almost 4 months now, and I see very little hopes of getting any job in my field since i am out of status for a while. My understanding is most companies look at out of status people as untouchable. Please correct me if i am wrong about this because I am basing some of my decision on that assumption. 

 

I am trying in all fields for job now. But with passing time, and depleting savings, I am fast running out of options. I need to know: 1>  if anything ever can be done to fix my status without me having to leave the country?

2> What other options do I have to fix my status? Can I invest in some business? If yes, what's the minimum amount required to do so?

3> Can I sponsor my own green card? I have masters from US university, and enough extra credits to qualify as PhD candidate but no publications. Will that be enough?

4> Can I enroll in some university and go to F1 status? Will my being out of status now affect that? 

5> Please let me of any suggestions/ alternative options you can think. 

 

thank you.

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As a general matter, in order to extend or change status in the U.S., a person must be in status at the time of filing. If it is not possible to change or extend status in the U.S., it becomes necessary to travel abroad and, if eligible, reenter the country.

 

It is correct that, if a person is out of status as an H1, they may be able to regain that status by traveling and, if needed, applying for a new visa. Reentry would require the approval of an H1B petition from a new employer and a valid visa.

 

Employers may care about status issues, as it has an impact on the time it will take for a person to start work, as well as the challenges they face in the process. But, that is not usually something that is discussed until further in the process. That is a procedural detail for a person who can correctly state that they need an H1B in order to work.

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Hi There,

 

I have query regarding my H1-B (consular processed) validity.

 

Currently, I am in USA on L2 visa and possess EAD.  I was working with employer X and they have processed my H1-B in consular process and my H1 B visa is approved and I got the petition as well however my H1-B visa cannot be not activated before Oct 2014. Now I got separation from employer X due to some budgeting issue, So now here my question is that my H1 B visa is still valid for any other employer to buy? If yes, Is there any specific time period that H1B should get buy out and activated? Can you please answer my query and share all the related information. Currently I am working with other employer on L2-EAD status.

 

Regards,

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Hi There,

 

I have query regarding my H1-B (consular processed) validity.

 

Currently, I am in USA on L2 visa and possess EAD.  I was working with employer X and they have processed my H1-B in consular process and my H1 B visa is approved and I got the petition as well however my H1-B visa cannot be not activated before Oct 2014. Now I got separation from employer X due to some budgeting issue, So now here my question is that

My H1 B visa is still valid for any other employer to buy?

If yes, Is there any specific time period that H1B should get buy out and activated?

 

Can you please answer my query and share all the related information. Currently I am working with other employer on L2-EAD status.

 

Regards,

Ak

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Hi There,

 

I have query regarding my H1-B (consular processed) validity.

 

Currently, I am in USA on L2 visa and possess EAD.  I was working with employer X and they have processed my H1-B in consular process and my H1 B visa is approved and I got the petition as well however my H1-B visa cannot be not activated before Oct 2014. Now I got separation from employer X due to some budgeting issue, So now here my question is that

My H1 B visa is still valid for any other employer to buy?

If yes, Is there any specific time period that H1B should get buy out and activated?

 

Can you please answer my query and share all the related information. Currently I am working with other employer on L2-EAD status.

 

Regards,

Ak

 

An H1 can't get bought.

A new employer would have to file (and pay for) a new H1 petition.

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Hello,

 

I am employed by company X and my company told me that my last day would be in 2 weeks. I am on an H1B visa and i want to know my options at this point. I know if i find an employer before the deadline and if they apply for a H1B transfer i am safe,but what if i can't find a job within 2 weeks? How many days would i have to find a new employer?. Also if i start interviewing and say 2 companies are interested in me. Can i initiate an H1B transfer with both the companies, or as many companies as i want? Will that create a problem? I was reading online that converting to a B1 visa and then finding an employer again to get back to H1B status,also as an option. But is that safe? What are the approval chances of it? 

 

Thanks,

A

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