Laid off in October 2016

[nunya]

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.

[ImmigQuery]

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.  

 

 

[nunya]

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.

[ImmigQuery]

All the very best! All will be well, don't worry, I have been through that road and so have many!