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hs24

Laid off job on H1-B, what are my options?

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Hello,

I was let go from my job last month. I believe I have 60 days from last date of job to find new employment. In case I do not find a new job, I want to know what my options are? (This is plan B and I want to be prepared in case I do not find a new job in 60 days.)

1. After these 60 days, will I be "out of status" or will I have "unlawful presence"?  What I mean is, how long can I legally stay in the US?

2. Should I change visa status? If so, should it be changed to student status or visitor status?

Edited by hs24

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1. Yes, 60 days is the limit. Beyond that unlawful presence is counted. 

2. I am not sure about how student /visitor Visa works in this scenario. I will let others answer that.

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1. After 60 days you will be in unlawful status if the current I94 has expired and will be out of status if the I94 has not expired.

2. Frivolous changes of status will not help you. You will need to find an H1 sponsor within 60 days or leave and look for an H1 sponsor while you are back home. As regards study, it takes a long time to finalize admission to a known college.

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So if the transfer is filed on/before the 60th day, can I still remain in the US once my application is being processed? Or do I need to leave and come back?

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