Lost job while on H1B (time sensitive)

[murthy_123]

Hello all,

Below is my case and desperately need help.

1, I came to US on 5 year F1 student visa and finished my masters, OPT, STEM OPT.

(I never applied for CPT while doing masters)

2, Got H1B approved for 3 years and started working on H1B visa since october 2012 (was never out of country while on H1B and so do not have stamping)

3, I work through contractor in a reputed manufacturing company but however they layed off many engineers in USA and also they said they can hire me back in about 4 or 5 months when the new budgets are released.

4, And So, tomorrow 11th of January, 2013) is my last working day and I am confused how I can maintain my status while I can look another job.

5, Many suggested me to apply for change of status( H1B to F1 or H1B to visitors visa). But I am confused as it is too late to apply for any university at this time. (I would also like to know if anyone has idea about universities that do late admissions)

Questions:

1Q. How much time do I have to apply for change of status?

2Q. If I get another job how much time I have to transfer my LCA?(Curently searching for new job)

3Q. As I said the same company is ready to rehire after 4 or 5 months, Is there any other way like staying out of country which means I will be out of country while there is no payroll activity?

I don't really understand much about immigration laws. So. please suggest if any of you have any ideas about how to come out of my situation.

Thanks a lot in advance.

- Murthy fan

[JoeF]

Forget COS to F1. That takes several months, and wouldn't help you.

You are out of status from the day of layoff on. So you should immediately file a COS to B2.

If you want to leave, the employer (not the client) by law has to pay for your flight to your home country.

[pontevecchio]

1. You could apply for a COS to B2 with the stated intention of finding another sponsor and including financial proof of being able to support yourself and a stated date by which you intend to leave if no joy, say 3 months. File it today.

2. While your COS is pending you can look for a job. If denied in 2-3 months time then you should leave if you have not found a new sponsor. If denied sooner you would still leave. It usually takes a couple of months for the decision. If the COS is approved you can stay till that I94.

3. Or leave and see if the company will hire you back in a few months in which case get the visa and come back.

[Attorney_10]

The facts of your case appear complex. Generally, an H1B holder stops maintaining valid H1B status the day after s/he stops working. An individual must be maintaining valid nonimmigrant status at the time of filing a request to change or extend status. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case and the options that may be available to you to reinstate your nonimmigrant status.

[murthy_123]

Thank you for above responses.(pontevecchio, Attorney_10)

I have few more questions.

Q1, What if my current employer did not revoke my H1B. Does that mean that I have time to apply for change of status?

Q2. what is the procedure to apply change of status to B2

I am really worried... It is very important that i need to stay in USA to take care of my properties here

Thank you again.

[JoeF]

Thank you for above responses.(pontevecchio, Attorney_10)

I have few more questions.

Q1, What if my current employer did not revoke my H1B. Does that mean that I have time to apply for change of status?

The employer is required by law to inform USCIS that you no longer work there.

And even if he doesn't, you are still out of status when you are laid off.

Q2. what is the procedure to apply change of status to B2

Form I-539.

[pontevecchio]

1. No. If you apply I-539 tomorrow there is a remote chance that you may get lucky in terms of an approval of the B2 ...I said REMOTE.

2. I-539. I am sure you were not informed at the last minute. What property?