nunya Posted January 12, 2017 Report Share Posted January 12, 2017 I was laid off in October 2016; the company promptly notified USCIS. I was paid severance through mid-December. I have been in the market since but the holiday slowdown has not helped. I understand that I should leave the country as soon as possible. But I would also be diminishing my chances of applying and successfully finding a job in the US. I would prefer to stay in the country to look for a job. I have heard that I can stay up till 180 days after until there are consequences (180+ days overstay = 3 year bar, 365+ days overstay = 10 year bar). I know a friend who was in a similar situation. He stayed in the country after he was laid off for 4-5 months and he was able to get a successful H1B stamping when he got a job. Can someone shed more light on the 180 day rule? Is it really very risky to stay without status? I would also appreciate some advice on applying for US jobs while living outside. Thanks. Link to comment
ImmigQuery Posted January 13, 2017 Report Share Posted January 13, 2017 If your I-94 is valid, then you are currently out of status. If you find an employer soon, they will file for a 'transfer' petition requesting consular processing. Once it gets approved, you can cross the border and come back with a new I-94 and you will be in status back again and start working. There is no need to go for stamping. If your I-94 is not valid, then you are accumulating illegal stay and taking considerable risk which is ideally not recommended. Link to comment
nunya Posted January 17, 2017 Author Report Share Posted January 17, 2017 On 1/13/2017 at 4:22 PM, ImmigQuery said: If your I-94 is valid, then you are currently out of status. If you find an employer soon, they will file for a 'transfer' petition requesting consular processing. Once it gets approved, you can cross the border and come back with a new I-94 and you will be in status back again and start working. There is no need to go for stamping. If your I-94 is not valid, then you are accumulating illegal stay and taking considerable risk which is ideally not recommended. Thanks for the response. My I-94 is still valid; I checked on the USCIS website to confirm as well. I have a job offer now. I have spoken to multiple attorneys over the past few days and many have suggested as you did. I am thinking of travelling to Canada or Mexico for a day and enter back into the country with a new I-94. Link to comment
ImmigQuery Posted January 18, 2017 Report Share Posted January 18, 2017 All the very best! All will be well, don't worry, I have been through that road and so have many! Link to comment
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