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malathisrinivas

By malathisrinivas,
in H1B : General

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malathisrinivas Newbie

malathisrinivas

Posted
Posted

I was working on H1(3.5 years left) as a full time employee in a big financial firm. They laid 6 people off the company including me. My green card is not yet filed. I came to know the company has sent a letter to USCIS to cancel my H1. I just wanted to know how much time will USCIS give me to search a new job before they tell me to vacate the country.

I am concerned. Attorneys please reply. Will appreciate.

Regards

Malathi.

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psjaya Newbie

psjaya

Posted
Posted

Hi Malathi,

I recommend you to talk to Immigration attorney. I am not giving you a false hope, but it is fact that one cannot leave the country same day one is laid off, unless someone is living under a tree with no belongings. Please do not get your immigration information from internet. I know personally known people who got h1b transferred with a gap in their employment. USCIS is lenient in some cases.

Again, it is just my observation. Please contact a immigration attorney to discuss all possible scenarios. It will be worth your money.

-- Sree

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JoeF Advanced Member

JoeF

Posted
Posted

Hi Malathi,

I recommend you to talk to Immigration attorney. I am not giving you a false hope, but it is fact that one cannot leave the country same day one is laid off, unless someone is living under a tree with no belongings. Please do not get your immigration information from internet.

A person on H1 who gets laid off is out of status immediately.

That is not just "Internet lore." That comes out of a USCIS memo.

I suggest you get an education before bashing people. Thank you.

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JoeF Advanced Member

JoeF

Posted
Posted

I have a B1/B2 Visa Issued by very 1st company I worked for, that was issued 5 years ago for 10 years multiple entry and that is still valid for next 5 years.

The visa is irrelevant while you are in the US. A visa is an entry document.

You still need to file for COS. The I-94 shows your status. After COS approval, you would get a new I-94.

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malathisrinivas Newbie

malathisrinivas

Posted
  • Author
Posted

Hi JoeF,

Thanks for reply. Some of the questions coming in my mind.

1.The COS(Change of Status) is easily happened? Does any query also come on COS? And How long I can stay in USA on B2(Can I stay at least 3 months so that I can search a job)

2.Do I need to go back to India and then come on B2 after COS? or I dont need to leave USA for CoS.

3.Once I get a job and new H1 how many years the New H1 will be valid.

A. 6 years

B. 6 years - Old H1 period stay in US

4.Will this COS cause any possible future issues on my Green Card Processing?

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  • 2 weeks later...
srikuppa Newbie

srikuppa

Posted
Posted

Malathi,

Do not worry. I was in the same boat before. Chances of getting your COS approved are very high, provided you act quickly.

Visit a local community college/school, enroll in a ESL (English as a second lang.)/GMAT program, get your I-20 & file for a COS to F-1.

I did this within seven days from my date of layoff, got my COS to F-1 approved within a month and eventually got my H1 approved through a new employer.

So consult a good attorney and act fast. Any questions, feel free to mail me any time.

Good luck,

Sri

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JoeF Advanced Member

JoeF

Posted
Posted

Questions for JoeF:

When you file for COS to B2.. and after it gets approved... You will be on B2 visa ..

How can you still file for H1B visa "TRANSFER" .. ?

since you have terminated your current H1b visa... Do you need to file for fresh H1b ?

Technically, there is no such thing as an H1 transfer.

An H1 transfer is always a new H1.

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