H1B Layoff options

[yabtm199]

I was laid off on May 30th. My 60 day grace period ends on July 30th. I have not done stamping on my H1B visa already.

One of the options I considered was to convert to B2 visa to give me some time to search for a new job and file H1B transfer. But I heard from an attorney that if I do end up getting a job during the time my B2 application is in pending status, I would need to go outside of US and do H1B stamping for my H1B transfer. This is because my grace period has already ended, and now I am staying in using the pending application status. Since any kind of H1B's are not being processed in consulates, I can't really go with this method.

This seems like the final nail in the coffin. I would like to know if there are any options I could pursue. 

[User099]

During normal time, it is recommended to leave before the the 60 day grace period is over and come back when you get a new job with a new visa or a valid old visa. But due to travel restrictions, B2 is just a temporary option to stay till things become normal.

There is no other option other than to wait for the B2 to be adjudicated or the travel ban be lifted. 

[gopalakrishnach]

I concur with User099. Nicely said.

[TK72]

I have H1B visa stamped till 7th Sept 2020 in my passport from previous employer A.

My last day at employer A was 11th June and I have until Aug 10 2020 to file my H1B transfer. (because of 60 days grace period calculation)

Assume that my H1B transfer gets filed  by my new employer B (Normal processing) in time and assume that it gets approved in Nov 2020.

In this scenario, are you saying that I will have to  go out of US and get the Visa stamping done and enter in US again ? (as my previous visa stamped in passport was expired on 7th Sept 2020). Can you please clarify.

[JoeF]

A visa is an entry document. It is irrelevant while in the US.

If an H1 is filed within the 60 day grace period you can statt working for the new employer on the H1 receipt and you don't have to go abroad.

However, if you travel abroad after visa expiration you need to get a new visa to be able to enter.

[User099]

21 hours ago, TK72 said:

I have H1B visa stamped till 7th Sept 2020 in my passport from previous employer A.

My last day at employer A was 11th June and I have until Aug 10 2020 to file my H1B transfer. (because of 60 days grace period calculation)

Assume that my H1B transfer gets filed  by my new employer B (Normal processing) in time and assume that it gets approved in Nov 2020.

In this scenario, are you saying that I will have to  go out of US and get the Visa stamping done and enter in US again ? (as my previous visa stamped in passport was expired on 7th Sept 2020). Can you please clarify.

In your scenario, if the H1 is filed within the 60 day grace period then you will be good and you will need not travel to get a visa stamp. Most likely you will get a I94 with your approval notice. You can continue working and live in US even if you old visa has expired and you have a valid I797.

[TK72]

thanks everyone for the response

[gcjf]

On 7/1/2020 at 8:50 AM, User099 said:

During normal time, it is recommended to leave before the the 60 day grace period is over and come back when you get a new job with a new visa or a valid old visa. But due to travel restrictions, B2 is just a temporary option to stay till things become normal.

There is no other option other than to wait for the B2 to be adjudicated or the travel ban be lifted. 

So you should wait until your COS to B2 gets approved before any employer sends in the petition for H-1B transfer to avoid consular processing? But I heard it takes 5 months to get approved and it's a max of 6 months visa. 

[User099]

2 hours ago, gcjf said:

So you should wait until your COS to B2 gets approved before any employer sends in the petition for H-1B transfer to avoid consular processing? But I heard it takes 5 months to get approved and it's a max of 6 months visa. 

Usually that's how it is. If you COS is pending and you apply for H1 then it will not come back with an I94 as you are waiting for other petition to put you back into status. 

Yes, it will take 5 months if you are lucky. If you have a valid visa, you can apply for H1 and travel to the border to go out and come back in on H1. This will invalidate the B2 and you will be on H1 when you come back in, provided the travel is an option at this time. 

[gcjf]

On 7/7/2020 at 1:59 PM, User099 said:

Usually that's how it is. If you COS is pending and you apply for H1 then it will not come back with an I94 as you are waiting for other petition to put you back into status. 

Yes, it will take 5 months if you are lucky. If you have a valid visa, you can apply for H1 and travel to the border to go out and come back in on H1. This will invalidate the B2 and you will be on H1 when you come back in, provided the travel is an option at this time. 

I don't have a valid H-1b visa stamp (last one expired), and given the recent executive order, I can't get back to the US until 2021? So if an employer sends in my transfer petition while my B2 COS is pending, would it be a possible resolution to withdrawal my B2 COS application? Really lost with how to best prepare for it.