H1 to B2 or F1...better option

[zealfactor]

Hi I am currently on H1 since Oct 2011 and my wife is on H4. Mass layoffs are expected at my firm pretty soon and I wanted to have a backup plan. I read a few earlier posts but could not come to a specific solution.

I was looking for advice on the following points

1. Can I file for B2 the day I am laid off? Will that constitute even 1 day out of status (my I-94 is valid till Sept 2014)? Will it be 2 separate applications for me and my wife? How easy is to get a B2 visa from H1?

2. Are there any short term courses if I want to transfer to F1 and my wife on F2? How much paperwork and time would that take? Can I start that process the day I am laid off?

3. I have never been employed by a consultant, it has always been direct hire. Should I speak to a consultant for transferring H1? The issue is that I am into Finance and I guess Indian consultants are only in IT so am not sure how much can they help me.

4. How difficult is to transfer from B2/F1 back to H1 once I get a new job?

Guys please let me know what would be the best option to go for!

Thanks

V

[rahul412]

Guys please let me know what would be the best option to go for!

When you know about the lay off, why don't you start looking for new job before you get laid off??

Joining a school doesn't help, you cannot simply join a school. It takes time.

[JoeF]

Prepare the COS applications (form I-539) and file them as soon as the layoff happens.

These are two separate applications for you and your spouse.

Forget changing to F1. Universities have deadlines, and you can't just show up and expect to get an F1 immediately.

Also, avoid consulting companies, in particular consulting companies that want money for an H1.