H1B laid off, change of status?

[schun22]

Hi, I renewed my H1B visa last year (valid from 2011 till 2014). However, I got laid off recently.

Company will put my official termination date to be a month later so that I have some time to pack or look for a job.

Few questions:

1. I would like to buy more time, can I change my visa to B1/B2? How likely to get that approved?

2. If I change to B1/B2, what if I find a job, do I need to reapply a new H1B? Can I transfer my H1B?

3. If I have to reapply a new H1B, do I need to go through the quota again?

Please help. Thanks so much.

[Chitown01]

When you say "company will put official termination date a month later" you mean they will be paying you for a month right? You will get regular pay stubs?

1. Yes, you can apply for change of status to b1/b2, however your COS application should reach USCIS before the termination date and you should have paystubs till that date + you will have to prove why you need b1/b2 i.e. purpose + you should be able to support yourself financially.

2. Once you apply for COS to b1/b2, and you find a job, it would be a New H1 petition, however you will be CAP expempt since you already had h1 in past 6 years and will be able to start working ONLY after APPROVAL.

3. See Answer # 2.

[JoeF]

So, are you getting paid until the "official" termination date?

The law requires that you get paid all the time while on H1. If you don't get paid, you are out of status, i.e., illegal, and a COS to B1/B2 is unlikely to work.

Nor would a new H1 work.

Also, if you want to return to your home country, the company has to pay for your flight.

[pontevecchio]

1. You can try. YMMV. Get a Lawyer involved in the process

2. Every transfer is a new non cap H1 petition. Hence the question is redundant.

3. No

[schun22]

When you say "company will put official termination date a month later" you mean they will be paying you for a month right? You will get regular pay stubs?

1. Yes, you can apply for change of status to b1/b2, however your COS application should reach USCIS before the termination date and you should have paystubs till that date + you will have to prove why you need b1/b2 i.e. purpose + you should be able to support yourself financially.

2. Once you apply for COS to b1/b2, and you find a job, it would be a New H1 petition, however you will be CAP expempt since you already had h1 in past 6 years and will be able to start working ONLY after APPROVAL.

3. See Answer # 2.

Thanks.

No, no pay after last day of work (taht was last week). but the pay check will come this friday, and that will be the last one.

But company siad my official termination date will be on mid of Feb...hmm..I am confused now, I trust this forum more than my company, they have limited experience in dealing with international.

So, is it true that once my last pay stub is over and if I don't change my status, I will be illegal?

[Chitown01]

Once you are officially terminated on H1, you are out of status, unless there is another h1 petition or COS petition filled with USCIS.

So your application for COS to B1/B2 should reach USCIS before the official last day at work and you should have paystubs till that date.

[JoeF]

Thanks.

No, no pay after last day of work (taht was last week). but the pay check will come this friday, and that will be the last one.

But company siad my official termination date will be on mid of Feb...hmm..I am confused now, I trust this forum more than my company, they have limited experience in dealing with international.

So, is it true that once my last pay stub is over and if I don't change my status, I will be illegal?

If you are on H1, you have to get paid. Period.

If you don't get paid, you are out of status, i.e., illegal.

[JoeF]

Once you are officially terminated on H1, you are out of status

He is out of status as soon as he doesn't get paid on H1. If the OP would get "officially terminated" a month later, then the company has to pay him until he gets "officially" laid off.

And companies with a clue would immediately cancel the H1 upon layoff, anyway. There has been a recent court decision that a company that doesn't cancel the H1 may be required to pay the salary for the person, even if the person has been officially laid off.