H1B query --- very very urgent help required

[Meenakshi_1948]

Hi

We applied for H4 to H1B conversion through regular processing and the application is in process with USCIS. They updated my status to Request for evidence recently and we submitted the documents last week for the same.

My husband is on H1B and his employer suddenly gave him a notice of 15 days as he is devoid of funds to support my husband.

1) If my decision is not heard from USICS and in the mean time if my husband's status gets invalid, then what would happen to my H1B application? What can I do now on my H1B application before it gets too late?

2) What are the options for my husaband to protect his H1B status?

3) Some people are saying that H1B remains valid for 30 days even after the status gets invalid. Is it true? Is there any grace period on H1B?

Thanks in advance

[nda050325]

There is no grace period for H1. However, past information shows that they dont enforce it strictly, as long as you show proof of effort to maintain status, or leave the country in a reasonable time.

If you upgrade your petition to premium processing, you will know the result of your h1 in 15 days.

Your husband has to find a job with a company that can sponsor his h1.

You should consult an attorney asap to discuss your options.

[JoeF]

1) If my decision is not heard from USICS and in the mean time if my husband's status gets invalid, then what would happen to my H1B application? What can I do now on my H1B application before it gets too late?

You are legal while the COS to H1 is pending.

2) What are the options for my husaband to protect his H1B status?

As soon as he is laid off, he is no longer on H1. He would have to change to some other status, or leave the country.

3) Some people are saying that H1B remains valid for 30 days even after the status gets invalid. Is it true? Is there any grace period on H1B?

That is not true. There is no grace period for the H1. Never listen to rumors.

He is out of status as soon as he is laid off.

If he wants to leave the country, the employer by law has to pay for his flight back to his home country.

If he wants to stay, he should no later than the day of layoff file a COS to some other status, e.g., B2. That also gives him time to find a new employer.

[INDNewYork]

Your husband has to file an immediate transfer of his h1 & cancel your h4-h1 conversion. No grace period, sorry to say. Your H4-H1 is no longer valid(even if it gets approved).

[toashishmantri]

I guess the moment your husband is removed from payroll, he is out of status. in short his h1b status is gone. after that you have grace period of 30 days or so to leave US.

your husband can transfer his H1b to some consultant ?

[Attorney_10]

Generally, once an H1B employee is terminated from the sponsoring company, s/he is no longer maintaining valid H1B status. A change of status application or change of employer petition must be filed prior to the last day of employment. Generally, in the case of a change of status to H1B, the petition may still be approved even if the status benefit cannot be granted. In such case, the beneficiary would need to depart the U.S. and apply for a H1B visa at a U.S. consulate abroad. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the options that may be available to you.