H1-B2 or F1-H1: Please help and getting out of job

[scc_1987]

Hello,

I am currently on H1b status without stamping. I got approval in Oct 2011. Currently I am working for IT industry and they told me that project is getting ended on april 13, 2012. I will get my last pay check on 28th april 2012.

I am on H1 so I need to get job before april 13 in order to being in status. As you all know it is quite hard to get it so I have following question.

1: I am a consultant and client company said that 13 th april would be last day of my project while I will get paycheck from consultant company on 28th april so am I still in status till April 28 2012?

2: If I get job before 28 then can I transfer my visa to other company?

3: If I dont get anything before 13th or 28th what would be my options?

4: I do have f1 visa stamping on my passport till April 2013 so is there any way to use that in order to stay here?

5: How about if I change of status to B1 or B2 visa and looking for a job. Once I get any job then convert status from B1 or B2 to H1b again. What are the implication of doing that?

6: How about if I go back to India with I-20 from university and come back in september 2012 on F1. I do have F1 visa so I just need to change of status to f1. Am I right with this?

7: Do you guys have any Idea.

Please reply me so I can take perfect choice. I have less time so Please do reply.

Thanks

[kalyan_ac]

Hello,

I am currently on H1b status without stamping. I got approval in Oct 2011. Currently I am working for IT industry and they told me that project is getting ended on april 13, 2012. I will get my last pay check on 28th april 2012.

I am on H1 so I need to get job before april 13 in order to being in status. As you all know it is quite hard to get it so I have following question.

1: I am a consultant and client company said that 13 th april would be last day of my project while I will get paycheck from consultant company on 28th april so am I still in status till April 28 2012?

That is correct.

2: If I get job before 28 then can I transfer my visa to other company?

YES

3: If I dont get anything before 13th or 28th what would be my options?

When is your I94 expiring?

4: I do have f1 visa stamping on my passport till April 2013 so is there any way to use that in order to stay here?

Thats void now.

5: How about if I change of status to B1 or B2 visa and looking for a job. Once I get any job then convert status from B1 or B2 to H1b again. What are the implication of doing that?

Thats an option.No implications as long as you do the filings in time.

6: How about if I go back to India with I-20 from university and come back in september 2012 on F1. I do have F1 visa so I just need to change of status to f1. Am I right with this?

F1 visa is void once you changed status to H1b. You will have to stamped again.

7: Do you guys have any Idea.

??????????

Please reply me so I can take perfect choice. I have less time so Please do reply.

Thanks

[scc_1987]

Thanks for the answer. I have another questions
1: I went to my school and I asked about going to F1. One said you need to leave the country on 13th or within a week while admission officer said do not worry apply in another course, and we will also get you I20 by next week and you can apply for change of status from h1 to f1. the thing is eventhough I apply my change of status it would take 30 to 90 days so will I be in status?
2: I am going to work till this friday 04/13/2012 and I don't want to be out of status or leave the country. Please advise what are my options. My last payroll would be on 04/28/2012 but I guess last day of your work called to be out of status?
3: If I apply for B2 visa then do you think it is hard to convert back to h1 or f1?

[wiweq]

Hello,

I am currently on H1b status without stamping. I got approval in Oct 2011. Currently I am working for IT industry and they told me that project is getting ended on april 13, 2012. I will get my last pay check on 28th april 2012.

I am on H1 so I need to get job before april 13 in order to being in status. As you all know it is quite hard to get it so I have following question.

1: I am a consultant and client company said that 13 th april would be last day of my project while I will get paycheck from consultant company on 28th april so am I still in status till April 28 2012?

That is correct.

2: If I get job before 28 then can I transfer my visa to other company?

YES

3: If I dont get anything before 13th or 28th what would be my options?

When is your I94 expiring?

4: I do have f1 visa stamping on my passport till April 2013 so is there any way to use that in order to stay here?

Thats void now.

=> That is not void. OP can use it till the expiry of the F1 visa. OP needs to leave the USA and reenter with I20 using the same unexpired F1 visa.

5: How about if I change of status to B1 or B2 visa and looking for a job. Once I get any job then convert status from B1 or B2 to H1b again. What are the implication of doing that?

Thats an option.No implications as long as you do the filings in time.

6: How about if I go back to India with I-20 from university and come back in september 2012 on F1. I do have F1 visa so I just need to change of status to f1. Am I right with this?

F1 visa is void once you changed status to H1b. You will have to stamped again.

=> This is wrong, look at # 4.

There are two ways to coming on F1 visa. First, leave USA and reenter with new I20 and using unexpired F1 visa. Second, while staying in USA file COS to F1. Use form 539 to do it. For filing 539, currently you need to be in valid visa status.

7: Do you guys have any Idea.

??????????

Please reply me so I can take perfect choice. I have less time so Please do reply.

Thanks