H1b laid off need advice

[deepthis]

Hello members, 

My brother got laid off on H1b 10 days back. His H1b was good until 2022 with valid stamping. His spouse is on h4 visa. I know below are some options but I need few confirmations. Kindly respond with your valuable inputs.

1. Find a job within 60 days if not go back to India. 
2. If he goes back to India - Can he keep looking for jobs and say he finds an employer who is ready to file H1b transfer, he needs to go stamping and can come back again to join that new company - Is this correct? Please confirm 
3. He can apply for COS to B1/B2. His spouse needs to apply as well. 
4. He keeps looking for Job , and if he finds a new employer who is willing to file h1b - he needs to go out of USA come back to join the company after getting a stamping done OR will the current stamping he has till 2022 work in that case? 
5. Any other possibility I am missing here?  

Your advice and help is much appreciate in this time. Thank you in advance.

 

[User099]

1. Yes

2. Yes

3. yes

4. His current Stamping will be good, no need for stamping again.

5. If he has an I140, he can try for an EAD under compelling circumstances. 

On 5/27/2020 at 11:24 AM, deepthis said:

Hello members, 

My brother got laid off on H1b 10 days back. His H1b was good until 2022 with valid stamping. His spouse is on h4 visa. I know below are some options but I need few confirmations. Kindly respond with your valuable inputs.

1. Find a job within 60 days if not go back to India. 
2. If he goes back to India - Can he keep looking for jobs and say he finds an employer who is ready to file H1b transfer, he needs to go stamping and can come back again to join that new company - Is this correct? Please confirm 
3. He can apply for COS to B1/B2. His spouse needs to apply as well. 
4. He keeps looking for Job , and if he finds a new employer who is willing to file h1b - he needs to go out of USA come back to join the company after getting a stamping done OR will the current stamping he has till 2022 work in that case? 
5. Any other possibility I am missing here?  

Your advice and help is much appreciate in this time. Thank you in advance.

 

 

[deepthis]

Please advise. Thank you

[gopalakrishnach]

1. Yes

2. If he gets new H1B approval before his visa expires he can come back to USA without new visa stamping. He needs to carry old visa stamp with new H1B approval.

3. I guess both.

4. If he applies for new H1B with 60 days no need to go out of USA. He can be in USA since petition is pending and more over he has valid visa.

 

[02112018]

1. Find a job within 60 days if not go back to India - YES
2. If he goes back to India - Can he keep looking for jobs and say he finds an employer who is ready to file H1b transfer, he needs to go stamping and can come back again to join that new company - Is this correct?  YES or he can work with old employer with a new client.
3. He can apply for COS to B1/B2. His spouse needs to apply as well - I THINK SO I might be wrong too.
4. He keeps looking for Job , and if he finds a new employer who is willing to file h1b - he needs to go out of USA come back to join the company after getting a stamping done OR will the current stamping he has till 2022 work in that case? He can work on current h1 that is valid until 2022 with existing employer if he transferred.
5. Any other possibility I am missing here?  Nope

[Centepede]

10 hours ago, User099 said:

 

5. If he has an I140, he can try for an EAD under compelling circumstances. 

 

Can you please elaborate on this ?

[deepthis]

thank you all for your inputs. one last question

1. If he applies to B1/B2 status - the decision is pending , he finds an employer willing to file H1b. Can he still stay in US and join the job on H1b reciept? 

2. If the decision comes back on b1/b2 say hes allowed 4 months of stay - then he finds an employer who can file h1b, does he have to travel out of the country to join the job? please confirm.

[User099]

On 5/29/2020 at 12:37 AM, Centepede said:

Can you please elaborate on this ?