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srinius

H1B Cancellation - please advise

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Hi,

My position, working as a FTE (for the past 7 years), 140 approved and recently H1 extended for 3 years (valid until June 2017) and PD is Nov 2010.

 

Now the situation is, recently in my company there are many layoffs and it is immediate termination (the same day they need to go). They are not giving any few weeks advance notice. It's kind of a scary situation.

 

So now if I got laid off like that, I assume they will revoke my H1 immediately. I cannot find a new employer and new job in a next day, so once after they revoke my H1, my status is invalid?

 

After H1 revocation, can I  stay here until I get a new job and employer?

 

Since these things happening, planning to leave the company by myself. Is it advisable to do? because my PD is Nov 2010, if I am lucky maybe next year PD will be current. Also again I need to start PERM and I -140. Please let me know is it advisable to leave the company by myself.

 

Thanks in advance

 

 

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H1 revocation is in no way connected to your situation. The day you are laid off is the day you are out of status. You will have a few weeks to look for another job if needed and you will then have to return with the H1 visa if the new company H1 is approved. You will do better to discuss possibilities with a Lawyer.

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I can tell you for sure that PD would not touch Nov'2010 next year. It may touch Nov'2009. So please don't plan based on this. Do what is best.

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You would be out of status from the layoff on. H1 revocation is completely irrelevant. Forget H1 revocation. It has no meaning for you.

Have a COS to some other status, e.g., B2, ready, so that you can file a immediately if you get laid off.

And start looking for a new job, like immediately...

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If you are laid off you can not stay in US without filing a COS to B2 or H4 (based on your spouse H1B status). Do not resign. Keep your application ready for filing COS ready at all times. If laid off send it to USCIS by overnight shipping. This will allow to stay in US legally and look for a job and move to a new employer on H1B.

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Thank you all for your responses.

 

Can someone please guide me how to file for COS to B2? any online links will be helpful.

 

So I can file COS to B2 now, and when I got laid off I can use this B2? or else I need to file it on the day when I got laid off?

 

Let's say if I file COS to B2, how many days I can stay after H1 revocation?

 

My wife is on H4, so there is no option to convert it to H4.

 

 

Please advise, Thanks again

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Google "I539" form and fill that form.

You have to file on the day you will be laid off and can stay in US till its either approved or rejected.

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You should let a Lawyer guide you." I-539". USCIS has a website. Since you have an approved immigration petition the chances are high that eventually the COS to B2 will be almost surely denied. They may look at the matter as a frivolous application. Hence you should not be dealing with the matter without SPENDING money on a Lawyer. Discuss the matter with the firm of Murthy proactively.

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Form I-539.

Note that your wife would also have to file a COS to B2, since the H4 becomes invalid as soon as you are no longer working for the employer.

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Thank you all for your responses.

 

Can someone please guide me how to file for COS to B2? any online links will be helpful.

 

So I can file COS to B2 now, and when I got laid off I can use this B2? or else I need to file it on the day when I got laid off?

 

Let's say if I file COS to B2, how many days I can stay after H1 revocation?

 

My wife is on H4, so there is no option to convert it to H4.

 

 

Please advise, Thanks again

http://www.uscis.gov/i-539

 

Both you and your spouse has to file COS to B2 immediately on the day of lay off. You have the right to stay here till a decision is made on your COS petition. Meantime you can look for a job and new employer can file a cap exempt H1B petition. Once H1B petition is approved request USCIS for withdrawal of COS to B2 petition or exit and enter US with a valid H1B visa and I797.

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Again Thanks a lot to all. It is really helpful.

 

One final question, once after I file for B2, then after changing the status to H1, is it mandatory to go out of country for stamping? Can't stay with approved new H1?

 

 

Please advise.

 

Thanks

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Again Thanks a lot to all. It is really helpful.

 

One final question, once after I file for B2, then after changing the status to H1, is it mandatory to go out of country for stamping? Can't stay with approved new H1?

 

 

Please advise.

 

Thanks

No need of new visa stamp if you are within the US. VISA is only required at POE.

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Again Thanks a lot to all. It is really helpful.

 

One final question, once after I file for B2, then after changing the status to H1, is it mandatory to go out of country for stamping? Can't stay with approved new H1?

 

 

Please advise.

 

Thanks

If I797 comes with an I94 then there is no need for stamping till you exit and want to enter US.

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