Working full time - If a lay-off happens?

[anjali2117]

I am on H1 and work full time. Just recently I saw few lay-offs happening and I wanted to be prepared for such kind of situation.

If this happens to me:

How much time would I have to file a COS to B2 as I would need few weeks time to take care of my belongings here, before moving back to my home country?

[livliv]

USCIS must receive the I-539 before your last day at work. The only certain way of achieving this is to eFile the application. Of course if this is an early termination, the employer is legally required to pay for your airfare to home country.

[srikuppa]

I think, it will be okay for somebody to file COS to B2/F1 within a week or so (earlier the better) after layoff.

[anjali2117]

Thanks for the reply.

1. Is it pretty straight forward to e-file I-539 for me and my dependant or I'll be needing an attorney? I know attorney is always better, but just in case, if I am really short on time.

2. Will it be one form covering me and my dependent or two separate forms?

[JoeF]

The I-539 is pretty easy. One form per person.

[aabcdefg]

Hi, sorry to hijack this thread but I'm in exactly the same scenario. Seen a friend laid off at my company so I just wish to prepare in advance in case it happens to me.

If my understanding is correct, the probability of getting H-1B -> B-2 COS application is very low but assuming I will have applied/e-filed on the same day I get laid off then I remain in legal status and can hunt for a new job while a decision on my application is pending.

Does anyone know how long is the average H-1B -> B-2 COS application processing time? If my COS is denied and I haven't applied for an H-1B transfer with another company before that then I do have to leave the country, correct?

Also, if for some reason my H-1B -> B-2 COS app. is approved, how long do they typically approve it for? 3 months?

Finally, I cannot work in the period between my B-2 COS being denied and my H-1B transfer being approved, correct?

Thank you.

[aabcdefg]

Anyone care to answer a few of my queries?

[JoeF]

If my understanding is correct, the probability of getting H-1B -> B-2 COS application is very low

I haven't seen any statistics, so I wouldn't assume things either way.

Also, if for some reason my H-1B -> B-2 COS app. is approved, how long do they typically approve it for? 3 months?

A B2 is by default for 6 months. They can issue it for less time, but that's unusual

Finally, I cannot work in the period between my B-2 COS being denied and my H-1B transfer being approved, correct?

If a COS is denied, and your previous status is no longer valid, you would be out of status, which of course doesn't allow you to work.

[anjali2117]

Since, most of the layoffs happen on friday evenings, posting this question here hoping to get a reply before that. If a layoff happens on a friday evening -----

1. Can a COS-B2 be e-filed the same evening or is there a cut-off time to e-file I-539?

2. What's the process like? e-file it and then send check and supporting docs in mail the same day or can be sent next day?

3. If e-file is not possible, because of any xyz reason; can the form be downloaded and submitted via regular mail during weekend as usps offices close by evening?

4. If a return ticket is not provided by employer or if there's an h1 violation, can a wh4 (With DOL) be filed instead and used as a way to remain in status?

Thanks