Laid off yesterday on H1B, What are my options? Please help.

[deepth]

Hello Everybody,

I got laid off yesterday with a 7 weeks severance package, which is payable in 7 installments over next 7 weeks. I was on H1B (startDate- 12/1/2011 EndDate- 11/30/2014) till yesterday. My EAD/OPT startDate- 06/01/2011 EndDate- 05/31/2012. My H1B has been stamped and I have entered in US last month with H1B only. My wife is also here in H1B. Please let me know what best should I do to maintain my status.

Also, I am also looking for job these days. Once I go to H4 then what are the chances of getting back to H1B (transfer). Which option will you suggest me from the following?

Options:

1. Transfer H1B to OPT/EAD, if it is possible (which I doubt).

2. Transfer H1B to H4 (given my wife is on H1B).

3. Register a new company and transfer my H1 to that company - Pros and Cons?

4. Get a new job and get the H1B transfered to that company - Till what time I can do the job search (grace period?)?

Please help.

Regards

[pontevecchio]

1. Correct. It is not possible.

2. Yes if you mean convert to H4 status and you have to do so quickly.

3. If you have the finances see about getting an investor visa.

4. Get a new sponsor and when approved cross the border and come back with a new I94 to start.

[JoeF]

Forget the OPT stuff. That's gone forever.

First, make sure you are legal. File a COS to H4.

Then, look for a new job. A new employer can file an H1 for you at any time.

[Chitown01]

Technically, you are out of status since the last day of your job.....

1. Not possible, your H1 already started, if this happens before your h1 start date then they could have fixed it using data fix error or something... but NOt now.

2. Yes, you can do that, but your Change of Status application should reach USCIS before you receive your last paycheck

3. Not worth it

4. On H1 there is NO grace period. Best thing would be to apply for COS and then look for new jobs.

Apply for Change of Status ASAP

[svb_H4]

contact me at svb.tek@gmail.com

[JoeF]

contact me at ...

Why? Something sooo suuuper secret that you can't post it here?

Post here, so that others also benefit from your insights.

[Ricky27]

Well said Joef. better SVB post the secret here :-)

@Deepth : Your H1B is valid till 11/30/2014. Then you can happily seek another employer who has a long project duration. Do it ASAP.

make sure that your employer does not cancel the existing H1B petition.