Options after resigning on H1B visa during COVID-19

[Gaurav124]

Hello, 

My wife is currently on an H1B visa and wanted to resign due to work issues. With the current COVID-19 situation and travel restriction, she won't be able to travel back to India.

What are the options for her to maintain valid status?

Appreciate your help! 

 

[gopalakrishnach]

Convert to H4 and then apply H4 EAD. You can do both of them at same time being in USA.

In matter of H1B, is she on Contracting position or full-time? If full-time the employer will let USCIS know she do not work for them anymore and revoke H1B thats law.

If contracting position, it seems she might resign from client so she still has job with her employer and how she will maintain her H1B when she is not on client project, she needs to discuss with employer. No employer can afford to maintain status of H1B without client project.

Edited April 27, 2020 by gopalakrishnach

[User099]

If you are on H1, she can convert to H4. If she is the primary H1 holder, then its better for you and your wife to file for a B2 and leave once things get better. 

[AgrawalK]

Hi ,

I am in the same boat. I am leaving the company next Friday due to personal reasons. I am on H1b visa, I will try to search for job in 60 days grace period. my husband is on F1 OPT but his visa is expiring in July and he is planning to go for day 1 cpt. Can I apply for F2 while he is on day 1 cpt if I don’t get a job in 60 days. What’s the chance of getting denied. Also if I get a job while my H1b to F2 COS , can I apply back to H1b with my new employer?

Can you please suggest what else I can do to maintain valid status ?

Thanks in advance!

[JoeF]

14 hours ago, AgrawalK said:

my husband is on F1 OPT but his visa is expiring in July and he is planning to go for day 1 cpt.

That's a really bad idea. These institutions are frauds. He would kill his future (and yours) in the US.

[User099]

15 hours ago, AgrawalK said:

Hi ,

I am in the same boat. I am leaving the company next Friday due to personal reasons. I am on H1b visa, I will try to search for job in 60 days grace period. my husband is on F1 OPT but his visa is expiring in July and he is planning to go for day 1 cpt. Can I apply for F2 while he is on day 1 cpt if I don’t get a job in 60 days. What’s the chance of getting denied. Also if I get a job while my H1b to F2 COS , can I apply back to H1b with my new employer?

Can you please suggest what else I can do to maintain valid status ?

Thanks in advance!

Day 1 CPT....RUN RUN RUN. Never a good idea to join a collage to get Day 1 CPT.

[AgrawalK]

Yes , I understand but i am still weighing my options. Can I convert to B2 while searching my job?

[User099]

You can convert to B2 just to say, but it will not be easy to convert back to H1 without going out of the country.