laid-off.Company already sent letter within 2 days to revoke H1-B

[Help77]

Hi,

I got laid-off 16 days ago after working for almost 2 years.I was on a H1-B.I still have time on my I-94.What are my options of staying legally? I tried to apply to school but the International student adviser said, since my H1-B visa is cancelled, USCIS will not approve achange-of-status.What about a Tourist visa? Also how long can i stay while looking for another job?

Your advise/help is greatly appreciated.

[JoeF]

An employer is required by law to inform CIS if they lay off somebody on H1. And employers do that nowadays because otherwise, they may be required to pay the person a salary even after layoff (that was a recent court decision.)

If you wish to go back to your home country, the employer by law has to pay for your flight.

Technically, a COS is not possible since you are not in a valid status anymore. USCIS often approves COS even with a few days out of status, but there is no guarantee.

And universities have application deadlines. The application window at real universities are for Fall 2012 right now...

[Attorney_24]

Generally to apply for a change or extension of status, an applicant must be in valid status. Generally there is no grace period once the employment ends. As you are out of status, kindly consult with a qualified immigration attorney to discuss specific facts concerning your case and available options.

[ketanbparekh]

try to find a desi consulting company who can transfer your visa. They may tell first find a project and we will then transfer it.

Some might be ready to do first transfer. Personally I feel fastest way to got a project is through contracting rather than finding Fulltime, Good Luck.

[JoeF]

try to find a desi consulting company who can transfer your visa. They may tell first find a project and we will then transfer it.

It is not a good idea to sign up with such shady consultants.

And it is the employer's responsibility to find work for an employee.

[JoeF]

Oh, and going to an interview for a project is work, which means that the employee already has to have valid work authorization. That pretty much rules out the employee having a project already before the H1 is applied for.

Again, stay away from shady consultants who want you to have a project already.