H1B issue.. Need Help


srini.0216

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Guys,

 

i lost my employment with current employer and he terminated my H1B immediately. Now i'm in search of another employer and my question is how many days i have to look for another employer ??? is it two weeks or two months or immediately..

 

please help..

Zero days. On H1 their is no grace period, currently you are out of status.

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Hi srini,

 

When someone gets laid off, he becomes out of status (different from illegal presence) the next day.  This is a grey area of how much time is given for H1B to find a job.  But I guess you need to find a job soon, maximum within 2 months.  If your I-94 has not expired, then one can stay max 180 days.  After that any more days are counted as illegal presence.

 

I know what the pain is to go through such situation.  I have been laid off too and that also without any prior notice.  I did a mistake of not applying for COS as I was hopeful of finding a job soon.  If you have any employer who is ready to transfer your H1 visa, then do it soon.  The cancellation process takes time say like 3-4 months.  But if you find a employer soon, then you can transfer the H1 in premium processing.  Otherwise you can transfer to B2 visitor visa for time being, and then transfer back to H1B visa once you find an employer.  But I believe that you need to find an employer say within 2 months and then do the premium processing.  But act quickly.  Either apply for B2 or get employer within 1-2 week.

 

I understand the agony that you are going through.

Best of luck.

(Note: this is just my opinion and no legal advice.  please consult an attorney for correct guidance)

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  • 2 weeks later...

Hi srini,

 

When someone gets laid off, he becomes out of status (different from illegal presence) the next day.  This is a grey area of how much time is given for H1B to find a job.  But I guess you need to find a job soon, maximum within 2 months.  If your I-94 has not expired, then one can stay max 180 days.  After that any more days are counted as illegal presence.

 

I know what the pain is to go through such situation.  I have been laid off too and that also without any prior notice.  I did a mistake of not applying for COS as I was hopeful of finding a job soon.  If you have any employer who is ready to transfer your H1 visa, then do it soon.  The cancellation process takes time say like 3-4 months.  But if you find a employer soon, then you can transfer the H1 in premium processing.  Otherwise you can transfer to B2 visitor visa for time being, and then transfer back to H1B visa once you find an employer.  But I believe that you need to find an employer say within 2 months and then do the premium processing.  But act quickly.  Either apply for B2 or get employer within 1-2 week.

 

I understand the agony that you are going through.

Best of luck.

(Note: this is just my opinion and no legal advice.  please consult an attorney for correct guidance)

 

Hi bedardi_visa,

 

Can you please provide us with more information regarding your case. Have you had a chance to transfer your H1B visa?

 

Thanks!

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