Laidoff on H1B , what are my options?

[swatmak]

Hi ,

 

I am currently on H1B visa & being laid off from the job. My last date on job is 31st August 2014.

 

My husband is currently on L1A visa.

 

I am still looking for jobs & would like to stay here to look for new jobs.

So what are my options?

1) So if i change the status to L2 visa and while processing is on , can I apply back to H1B visa?

2) I also have B1/B2 visa. So should i go out of the country and come back immidiatley to be on valid status?

 

Please suggest. I really appriciate your advice.

[jairichi]

1. Yes.

2. Not a good option.

[pontevecchio]

Change to L2 status and get the EAD and then start working again.

[wiweq]

I would suggest, stay in US. At the day of lay-off file COS to L2. You can come back to H1b later, and starting working after H1b approval with COS. All the best.

[rahul412]

Hi ,

 

I am currently on H1B visa & being laid off from the job. My last date on job is 31st August 2014.

 

My husband is currently on L1A visa.

 

I am still looking for jobs & would like to stay here to look for new jobs.

So what are my options?

1) So if i change the status to L2 visa and while processing is on , can I apply back to H1B visa?

2) I also have B1/B2 visa. So should i go out of the country and come back immidiatley to be on valid status?

 

Please suggest. I really appriciate your advice.

You can file COS to B2 or L2. That's your wish, but you cannot stay in US on H1 without a job.

[omshiv]

just do COS.

[itemgadu2]

Hi ,

 

I am currently on H1B visa & being laid off from the job. My last date on job is 31st August 2014.

 

My husband is currently on L1A visa.

 

I am still looking for jobs & would like to stay here to look for new jobs.

So what are my options?

1) So if i change the status to L2 visa and while processing is on , can I apply back to H1B visa?

2) I also have B1/B2 visa. So should i go out of the country and come back immidiatley to be on valid status?

 

Please suggest. I really appriciate your advice.

As far as I know.You don't need to worry at all. Just go back to L2 and you can work anywhere you want and for anyone you want. Then find an employer who can sponor you a  H1B and move on to them. You will be cap exempt anyways.

[swatmak]

Thanks everyone for advice.

Need some more clarification on COS to L2. please consider following scenario.

if I apply for COS to L2 on 31st august 2014 , it will generally take 3 months to processed. So what if I get another job on 15th Sept 2014? Can i apply for H1B transfer again on 15th Sept 2014?

[jairichi]

Thanks everyone for advice.

Need some more clarification on COS to L2. please consider following scenario.

if I apply for COS to L2 on 31st august 2014 , it will generally take 3 months to processed. So what if I get another job on 15th Sept 2014? Can i apply for H1B transfer again on 15th Sept 2014?

Yes, you can. In that case once your H1B petition is approved exit and enter with a valid H1B visa and I797. By doing so your COS to L2 will be considered abandoned due to travel outside US.

[swatmak]

Yes, you can. In that case once your H1B petition is approved exit and enter with a valid H1B visa and I797. By doing so your COS to L2 will be considered abandoned due to travel outside US.

 Thanks a ton Jairichi...

[wiweq]

Thanks everyone for advice.

Need some more clarification on COS to L2. please consider following scenario.

if I apply for COS to L2 on 31st august 2014 , it will generally take 3 months to processed. So what if I get another job on 15th Sept 2014? Can i apply for H1B transfer again on 15th Sept 2014?

If your H1b is approved and L2 is pending, you would have two options:

1. Re-enter in USA

2. Write an application to USCIS to cancel your L2 (I have used this method to cancel H4 processing when my H1b was approved - H1b-H4-H1b)