urgent: h1b visa laid off - Do I need to go on B visitor visa ?

[Shaunakonline]

Hi,

I was laid off from 'company A'. The new employer - 'company B', is ready to file for H1b visa transfer, But have not initiated any process, as of March 1st. They will start with the transfer process pretty soon.

Following is the information I have on my status:

15th Janauary - laid off from 'Company A'

15th February received an Offer from 'Company B'

28th February USCIS received a request for revoking the H1b petition from 'Company A'

Attorney with Company B says :

"For Shaunak and the issue of his maintenance of status that we discussed, we can confirm that current law is that his H-1B status terminated as of the day of his termination by his prior employer. For this reason, and because with the DOL processing time on the LCA (7 business days), and the CIS Premium Processing time after that of 15 days, we are not likely to have a decision on the H-1B transfer Petition before another 3-4 weeks go by, we recommend that Shaunak immediately take steps to file with a CIS a request to change his status, either to revert to his F-1 status, or to B visitor status. "

1. I talked with couple of International employees and everyone said that, I dont need to go on B-Visitor visa. Do I need to ?

2. It would be great if you can provide me with the information on the situation and what exactly should I do ?

I really appreciate your help.

Thank you

[JoeF]

You can't "revert" to F1 status. You would have to get admission to a university to go to F1. And that takes several months.

So, filing a COS to B2 is the only realistic way.

[Shaunakonline]

You can't "revert" to F1 status. You would have to get admission to a university to go to F1. And that takes several months.

So, filing a COS to B2 is the only realistic way.

Thanks JoeF!

[srikuppa]

Hi Shaunak,

Could you please provide us with an update about your case ?

I am in a similar situation & your reply would be of great help.

Thanks,

Sri

[Shaunakonline]

Hi Shaunak,

Could you please provide us with an update about your case ?

I am in a similar situation & your reply would be of great help.

Thanks,

Sri

I797B Approved without I-94

Need to go for visa stamping