Lost job on H1B - Options


lee007

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Hi,
I am from India and have more than 16 years of experience. I am staying in US from 12/2010 and my I-140 is approved. Here is my current situation.

Lost job on H1B. My last working day is 5/15. I am in OH, which is my Client location, but my employer location is NE. I got 6 week severance. My I-94 expires on 8/24/2020. I read in some other blogs that, I can stay legally in US for 60days grace period+severance pay period. Is this true? Will I get 60days+42days(6-week severance pay) to stay in US?
I got one job, but it’s been put hold after verbal confirmation, so back to search again. I am trying to get the job by 7/14(60day grace period). If not, what are my options?
Can I stay until my I-94 expiration till 8/24 based on 60days+42days(6-week severance)?
After 60days, if I get the job also, do I need to go out of US and enter back? If so, I need to file my transfer in premium to get it approved within 2weeks. If I go out of US before my transfer is approved, will they process my transfer? In the current situation, all consulates are closed. What else can I do?
If I don’t get the job, can I apply for COS to B2 at any time before I-94 expiry date? or it should be before 7/14 (60day grace period)? and do I need to go out of US and enter on B2?

Please help me with these Qs.

Thank you for your support.

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I am sorry to hear your case. I maybe wrong but it is 60 days ( from last working day) or end of I94 which ever comes first.

If not, what are my options? -- if you cannot apply for H1B see whether H4 is possible if not B2.

After 60days, if I get the job also, do I need to go out of US and enter back? -- yes I feel so.

If I go out of US before my transfer is approved, will they process my transfer? In the current situation, all consulates are closed. What else can I do? -- if you have petition before 60 days no need for you to go out even if it is under-processing.

 

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You have 60 days from 5/15 to find a job and apply for a H1 transfer. Severance pay period will not be taken into account.

You can try for a EAD on the basis of Compelling circumstances. Check with an attorney to see if you will qualify for it.

If you can't find a job and want to stay after 60 days, you will have to apply for B2 or any other visa (if H4 is an option) to stay legally. You can stay while the B2 is pending.

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