Maintain Legal Status After Termination Date in H1-B


sudhan9595

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Hello Team,

 

I have been laid off with my current employer and last date of employment is August 11th 2016. I do have the following questions?

 

1. How many days from the termination date i am allow to stay in the USA legally to pack my things and leave to home country.

 

2. I am parallely giving job interview, there is higher probability that i will get the job. Once i receive the job, what are the steps i should follow for the employer to start H1 transfer within what time frame. My current H1-B stamp is valid till sep 2017. if my new employer starts my H1 visa transfer process after August 11th, Do i need to leave to my home country and return back only after my visa transfer is approved, with new stamping and I-797 B or can i stay in the USA and join my new employer once i receive the acknowledgement from USCIS that my package (Visa Transfer Documents) has been received.

 

3. if i need to go to my home country and start looking for a job and did get one in the USA, would my stay in my home country counted towards the H1-B duration or not.

 

 

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There is NO grace period. You have ZERO days.

You are out of status from the layoff date.

The employer by law has to pay for your flight back to your home country (not for dependents, though) if you wish to go back.

You are in H1 status by definition only when you are in the US.

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You will go out of status after 11th August but that doesn't mean you become a criminal or illegal, and now you have to sell all your stuff at rock bottom prices just to get out of here. No. You can stay here and look for another job. Once you find another job, let the immigration lawyers do their job. You just need to have enough time left on your visa to transfer it to new employer.

 

I was laid off in April, 2014 and had to wait till March 2015 for the next job. I was out of status during this time. But the lawyers filed for my H1B transfer (H1B still had a year left on it) and it was granted without any RFE. The lawyers of my company though insisted that I need to get the new visa stamped before joining. So my wife and I had to travel back to India for stamping which also went through without any issues. Another thing, I don't work in IT or desi consultancies. American company filed for my visas both times, and it was accepted. You need the right lawyers who know what they are doing, and american companies/lawyers have been doing this for long. 

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Hello Rahul12345.

What status did you convert to when you were out of a job for 1 year? I will be in the same situation in a month. My H1B is valid till 2018, but I have been advised to either exit the country or to apply for Status Change like H1 to B2, or to a F2 ( if spouse converts to a F1 status). How quickly can I get the change of status approval?

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Hello Rahul12345.

What status did you convert to when you were out of a job for 1 year? I will be in the same situation in a month. My H1B is valid till 2018, but I have been advised to either exit the country or to apply for Status Change like H1 to B2, or to a F2 ( if spouse converts to a F1 status). How quickly can I get the change of status approval?

I didn't convert to any other status since I didn't have that much time to do that, but most website advise to converting to B2. I did lose almost a year on my H1B visa. I was on H1B and my wife was on H4 visa when I got the second job. I was out of status then. 

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I didn't convert to any other status since I didn't have that much time to do that, but most website advise to converting to B2. I did lose almost a year on my H1B visa. I was on H1B and my wife was on H4 visa when I got the second job. I was out of status then. 

 

You got lucky, but this may come back to bite you in the future.

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You got lucky, but this may come back to bite you in the future.

 

Luck has nothing to do with it. I was told by lawyers of my previous company that I was not illegal or undocumented. My visa was valid for almost 2 more years when I lost the job. The next company that hired me told me the same. USCIS found nothing wrong renewing my visa for another 3 years (recaptured almost another 18 months of unused H1B when I had returned to India back in 2011), and then when I went for stamping, the US consulate had no issues stamping my passport either. The question they asked were regarding my new company and my role in that company, and why I was qualified to do that job. That all. If all that was just luck, then I should have bought a lottery ticket then! 

 

I think its understanding of the law by certain lawyers, and how they practice it. Some will simply do the paperwork as copy/paste from previous files @ so many $$$ per piece of paper, while others will try to find ways to make the case successful and not just file loads of paperwork on your behalf. One has to keep away from these clerks who call themselves lawyers!

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Luck has nothing to do with it. I was told by lawyers of my previous company that I was not illegal or undocumented.

 

You were out of status, which is being illegal.

You didn't overstay, which is a different kind of being illegal.

And being undocumented is a third kind of being illegal.

You probably didn't quite understand the differences or the lawyers didn't explain them to you.

 

When a person is out of status, an extension of status is not possible. Now, USCIS examiners have some discretionary powers, so they can ignore a few days or weeks of being out of status.

But with being out of status for over a year, your new H1 getting approved with an I-94 is quite obviously an error on USCIS part, and it will come back to bite you in the future.

Another examiner looking at the file will likely see this and may make you illegal retroactively.

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