Job loss/H1B extension revoked while I-94 expired

[Raj Kumar909]

Hi All, I have a time sensitive immigration query that I am hoping to get some input from you all here who have knowledge of or were in a similar position as me. 

Here are the relevant details: I graduated from my MS in 2013 and been working for a reputable company since. My first H1B period started on October 2nd 2014 and was valid till October 1st 2017 (i.e. last week). My employer filed for my H1B Extension (along with my wife's H4 extension), in the month of July 2017, for which there hasn't been any response yet (was still in processing status as of last Friday). Unfortunately, there was a huge round of layoff's in my company last Thursday i.e. October 5th 2017. I was one of the several who were let go and my HR said that they will notify USCIS of this that day itself (there were a handful of H1B employees but not many). Since my extension petition was in processing status, the HR team also informed me that they will be sending out H1B withdrawal request to USCIS - I understand that since I will no longer work for them.

 

So as things stand, my I-94 has expired and I believe I am in no non-immigrant status at this point. I have an attorney appointment in a few days but I wanted to reach out here as well and see if I can get some clarity on below queries.

 

1. Does the 60 day grace period apply to me as well though my I-94 has expired? If so, if I find another job in the next few weeks and the employer files for my H1B (I would assume it would be a transfer), will the new H1B upon approval come with a I-94 or will it be needing consular processing where in I have to leave the country, get it stamped and then come back in?

 

2. Can I do a change of status to F1 with my I-94 expired and no real H1B status? I have reached out to my professor under whom I worked as research assistant during Masters and she would help me out in getting into another MS program in the same university. Assuming I get my admission and i-20 in the next 2 to 3 weeks, which is highly likely, can I do COS to F1? And if I can, will that come with a valid I-94 or will it also require consular processing.

 

If anyone can shed some light on the above, we would really appreciate. We are trying to avoid the situation where in we pack our life here in a short period of time, go back to home country and restart our careers and life. Thanks for your time.

 

- Rajesh

[JoeF]

The 60 day grace period doesn't apply because the I-94 is expired.

Admission to a university takes several months.

The company by law has to pay for your trip back to your home country, if you decide to go (not for dependents, though.)

 

[Raj Kumar909]

Thanks @JoeF

If 60 day grace period doesn't apply to my case, we should get out of country very soon I guess. Will confirm about the timeline with an attorney and get affairs in order and get out.

Regarding university admission, fortunately that is not a problem nor time consuming for me. I was an honor's student and have great rapport with several of my professors. One of them already spoke to admissions office and the international student adviser. I will be able to get admission/I-20 for Spring semester with in a week or two as and when I confirm and send documents over. Having said that, looks like that won't even be a possibility since I am totally out of status. I will confirm things with attorney & get out asap.