H1B Out of status - need urgent help

[sanzig]

Hello All,

 

I was laid off and my last working day at company 'A' was 10/15/2014. I found another job at 'B' in 3 days and now 'B' cannot continue as I am ''out of status''. I just wanted to know what options I have other than going back to my home country and get back in status and initiate a transfer to 'B'. Any help will be highly appreciated. Please help me its urgent. I am a recent graduate and I am not aware of legal immigration procedures.

 

Thanks,

sanzig

[JoeF]

What you should have done is to file a change of status, e.g., to B2, immediately after the layoff.

We suggest that here on this forum all the time.

That would have avoided all problems.

Right now, you indeed may have to leave the country, and wait for the new H1 to be approved, and then come back with your current visa (if it is still valid) and the new approval notice.

[jairichi]

Your employer can file a cap exempt H1B petition and it will be approved with out I94. Exit and enter US with a valid H1B visa and I797.

[sanzig]

Is it possible to apply for a change of status now? I was told that there is a 30-day period before which I need to find another job to initiate a transfer. Is this true?

[JoeF]

Is it possible to apply for a change of status now? I was told that there is a 30-day period before which I need to find another job to initiate a transfer. Is this true?

 

There is NO 30-day period. Don't listen to rumors.

On H1, there is NO grace period at all. ZERO days.

You are out of status, and therefore can not file a change of status. A COS requires the person to be in valid status at the time of filing.

You will have to leave, wait for the H1 to be approved, and then come back with the H1 visa.

[jairichi]

Is it possible to apply for a change of status now? I was told that there is a 30-day period before which I need to find another job to initiate a transfer. Is this true?

No. Your COS might get denied. There is no 30-day period. What you heard is a rumor.