on H1B Laid Off. COS or H1B transfer

rocky124

By rocky124,
in H1B : General

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rocky124 Newbie

rocky124

Posted
Posted

Hi,

I have a situation: I was working for a company X and they laid off around 400+ employees.

I got laid off on April 19 2013. My H1 Visa is revoked today i.e April 30 2013, I was trying to find a job and put the H1 transfer but unfortunately could not find any job yet.

So what is the best option for me : either to go for change of status from H1 to F1 as I already got an I 20 from ABC College, if I do so, can I again apply for H1 transfer if I get Job in a 2-3 weeks from now while the COS petition is processing.?

I am into Mechanical field and trying to move to IT, Some people are saying going for in house project for applying H1 transfer will help -- Please suggest on choosing the safest and best option.

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rahul412 Advanced Member

rahul412

Posted
Posted

So what is the best option for me : either to go for change of status from H1 to F1 as I already got an I 20 from ABC College, if I do so, can I again apply for H1 transfer if I get Job in a 2-3 weeks from now while the COS petition is processing.?

Fall semester starts in Aug, and summer in May. So what will be your status as of today??

You cannot do H1 transfer, bcause as of now you have no job

I am into Mechanical field and trying to move to IT, Some people are saying going for in house project for applying H1 transfer will help -- Please suggest on choosing the safest and best option.

what do those people mean by 'in-house' project??

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sk.january Advanced Member

sk.january

Posted
Posted

You may have to apply the COS before your H1 was withdrawn. I am not sure if you will be able to file a COS from H1 - F1 now.

The 30 day grace period to leave the country does not provide a valid status.

You may have to leave the country and get a H1 or F1 stamped and re-enter.

Please consult a good immigration attorney ASAP.

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wiweq Advanced Member

wiweq

Posted
Posted

"The 30 day grace period to leave the country does not provide a valid status."

=> There is no 30 days grace period to leave the country. Once you lose your job, from very next day you are out of status and should leave the country on the same day. Each day you stay in USA after termination will count towards your out of status days.

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JoeF Advanced Member

JoeF

Posted
Posted

You may have to apply the COS before your H1 was withdrawn. I am not sure if you will be able to file a COS from H1 - F1 now.

The 30 day grace period to leave the country does not provide a valid status.

Huh?

What "30 day grace period"???

There is no grace period when on H1.

The employer by law has to pay for the flight to the home country, if the person wishes to leave.

Otherwise, the person should file a COS at the day of layoff.

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JoeF Advanced Member

JoeF

Posted
Posted

Please contact me on my email, I will provide the employer details who can file h1 transfer.

I doubt that.

No real employer files an H1 transfer without even knowing the person.

Seems you are or are working for a shady consultant.

To the OP: stay far away from such shady figures.

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JoeF Advanced Member

JoeF

Posted
Posted

So what is the best option for me : either to go for change of status from H1 to F1 as I already got an I 20 from ABC College

Seems to be a rather shady college.

Real universities have application deadlines, and don't admit people in the middle of the quarter/semester.

Stay away from such "colleges" if you don't want to kill your career.

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