H1B Questions

[ShivaRoy]

So, my friend got laid off on his H1B and his grace period is expiring on 25 August. He has a Canadian PR (to be validated) and is thinking of going to Canada for some time. His employer might call him back and he is contemplating his future options. Following are the areas which need clarification,

1) Should he go to Canada and wait for the employer to call back. If the employer calls back will he have to go for stamping again? He already has his H1B stamped and valid until 2022.

·       His employer however has said that they will revoke his H1B soon, so will the stamp expire?

·       What happens if the same employer calls back? Can he just enter the US with the existing stamp and a new i797A? or he will have to go to the embassy again for stamping?

·       If he gets a job with another employer will he be able to come back on the existing stamp and a new i797A? or he will have to go to the embassy again for stamping?

2) If he converts to B2 visa before 25^th August.

·       He has to be in Canada before 30^th Oct to validate his PR. Converting to B2 will give him some more time. But now if his current or different employer calls, how complicated is it to convert from B2 to H1B? If he is in the country when he is called back.

·       Say suppose he doesn’t get a call until 30^th Oct and decides to go to Canada. Then if in November, he gets a call back, what visa will he then enter on?  As most likely B2 would be still pending, and will there be any stamping needed?

3) Converting to F1

·       He was already on F1 (day 1 CPT) completed the program, got H1B and got it stamped too. If he goes back to school for another day 1 CPT program and then travels to Canada to validate his PR. So, while coming back will he need a F1 stamp from the consulate?

·       How about converting from F1 to H1B again in the future as he already has one. How complicated would that be and what will be the options he would have then?

 

 

Thank you for reading thru and answering.

[User099]

On 7/25/2020 at 11:56 AM, ShivaRoy said:

So, my friend got laid off on his H1B and his grace period is expiring on 25 August. He has a Canadian PR (to be validated) and is thinking of going to Canada for some time. His employer might call him back and he is contemplating his future options. Following are the areas which need clarification,

1) Should he go to Canada and wait for the employer to call back. If the employer calls back will he have to go for stamping again? He already has his H1B stamped and valid until 2022.

·       His employer however has said that they will revoke his H1B soon, so will the stamp expire?

·       What happens if the same employer calls back? Can he just enter the US with the existing stamp and a new i797A? or he will have to go to the embassy again for stamping?

·       If he gets a job with another employer will he be able to come back on the existing stamp and a new i797A? or he will have to go to the embassy again for stamping?

2) If he converts to B2 visa before 25^th August.

·       He has to be in Canada before 30^th Oct to validate his PR. Converting to B2 will give him some more time. But now if his current or different employer calls, how complicated is it to convert from B2 to H1B? If he is in the country when he is called back.

·       Say suppose he doesn’t get a call until 30^th Oct and decides to go to Canada. Then if in November, he gets a call back, what visa will he then enter on?  As most likely B2 would be still pending, and will there be any stamping needed?

3) Converting to F1

·       He was already on F1 (day 1 CPT) completed the program, got H1B and got it stamped too. If he goes back to school for another day 1 CPT program and then travels to Canada to validate his PR. So, while coming back will he need a F1 stamp from the consulate?

·       How about converting from F1 to H1B again in the future as he already has one. How complicated would that be and what will be the options he would have then?

 

 

Thank you for reading thru and answering.

1. He need not go for stamping till his current visa stamp is valid. He can travel with a new approved I797 and old visa stamp. Visa stamp is valid with any employer, old or new.

2. He can apply for B2 and after his grace period is over. But B2 will take long time to approve and till that is approved, his COS to H1 will not be approved. Best thing will be to travel to Canada and come back on H1 with the new I797. Just make sure travel is open between US and Canada.

3. Day 1 CPT is a big NO. He can't convert to F1 which will take a few months to approve and he will have to be on legal status till then to convert to F1. F1 is not a good option for him.

[gopalakrishnach]

His employer however has said that they will revoke his H1B soon, so will the stamp expire? --- if employer wants to hire back new H1B approval. Until his current H1B visa stamp is valid no need of new stamping. He can carry new H1B approval with current valid visa stamp. If visa stamp expires then need new visa.

If he gets a job with another employer will he be able to come back on the existing stamp and a new i797A? or he will have to go to the embassy again for stamping? -- same above.

If he goes back to school for another day 1 CPT program and then travels to Canada to validate his PR. So, while coming back will he need a F1 stamp from the consulate? --- Risky and I personally would not suggest F1 option.