corbon28 Posted June 18, 2013 Report Share Posted June 18, 2013 Hi all, I have been on H1B since Dec 2010, Recently on May 25th 2013 I was laid off, Which means I am out of Status now. I am still in process of interview with couple of companies and expecting offer from one, That would mean the company would file H1B for me. I am only waiting for next couple of days for it to happen. If this doesn't happen, I believe I have following options 1) As I am already out of status, I cannot 'change the status' to H4 (My Wife recently got her H1B approved and Stamped) while being in US. Does that mean I can get it changed to H4 by travelling to India and get it stamped or that's also not an option? 2) If I get H4 stamped in India, can I still come back and continue my interview/jod search process? 3) I was told by one employer that as soon as I change to my H1B to H4, my pervious H1B is cancelled and I will be counted under quota (I still have 3+ years on H1 left) and I cannot work or change status till October 2013 - Is this true? As I am under impression that, while being on H4 if you get your H1B filed and approved based on your previous H1B status you can start working after COS and you will be not counted under quoted and no wait till October 2013. - Could you please provide any insight on the same? Thank you Link to comment
JoeF Posted June 18, 2013 Report Share Posted June 18, 2013 Why didn't you file a COS to H4 yet??? That should have been your first action after layoff. Do it NOW! Link to comment
ge145 Posted June 18, 2013 Report Share Posted June 18, 2013 1) The question is has your company withdrew ur H1b petition and what is the that date. Usually company give u 2 week such notice. But if they have already done so, you can change your status. For that please consult a lawyer for that. 2)Yes. 3)Not true abt the response from tht employer. Yes you can search for a position, and once you have another employer offering you a position , you can refile your h1b petition . it will be active once you receive the approval notice and not the Oct of that year. Approval notice has the start date. Link to comment
pontevecchio Posted June 18, 2013 Report Share Posted June 18, 2013 1. That is a viable option./ 2. YES 3. That employer is wrong. Feel free to give him a kick. 4. Once capped you have a total of 6 years and H4 periods do not count in the 6 years. Link to comment
JoeF Posted June 18, 2013 Report Share Posted June 18, 2013 1) The question is has your company withdrew ur H1b petition and what is the that date. Usually company give u 2 week such notice. That is completely irrelevant. A person on H1 is out of status when the person is laid off. H1 revocation or not doe NOT MATTER! Where do people get this wrong idea about H1 revocation stuff??? Link to comment
ge145 Posted June 18, 2013 Report Share Posted June 18, 2013 Just because you decide to be aggressive on this statement doesnt provoke me, H1b is petition based. has the petition being withdrawn ? do you know the answer, since u r not OP, i would assume NO. Just wanted to clarify that You only know little information that is being POSTED. Also, please read this "But if they have already done so, you can change your status. For that please consult a lawyer for that." Read before you post :) That is completely irrelevant. A person on H1 is out of status when the person is laid off. H1 revocation or not doe NOT MATTER! Where do people get this wrong idea about H1 revocation stuff??? Link to comment
rahul412 Posted June 19, 2013 Report Share Posted June 19, 2013 Once the employee is laid off, then their is no relationship between the H1 sponsor and H1 beneficiary. So he/she will be out of status immediately. Link to comment
JoeF Posted June 19, 2013 Report Share Posted June 19, 2013 Just because you decide to be aggressive on this statement doesnt provoke me, H1b is petition based. has the petition being withdrawn ? do you know the answer, since u r not OP, i would assume NO. Just wanted to clarify that You only know little information that is being POSTED. Also, please read this "But if they have already done so, you can change your status. For that please consult a lawyer for that." Read before you post :) A person on H1 who is laid off is OUT OF STATUS from the day of layoff. A COS can only be filed when a person is in valid status. And once again, the H1 petition or if it is revoked is completely irrelevant. The person is OUT OF STATUS from the time of layoff. THAT is what matters! Link to comment
corbon28 Posted June 19, 2013 Author Report Share Posted June 19, 2013 I have received information from my previous employer that the H1B petition is not withdrawn yet, They have not yet notified USCIS. But as my last payslip is on 25th May 2013. Can I still apply for Change of status to H4, (My wife is valid H1B) while being on US? or I am not eligible and Only option is to get H4 stamped in India? Please let me know your opinion. Link to comment
JoeF Posted June 19, 2013 Report Share Posted June 19, 2013 I have received information from my previous employer that the H1B petition is not withdrawn yet, They have not yet notified USCIS. But as my last payslip is on 25th May 2013. Again, it is COMPLETELY IRRELEVANT if the H1 petition is withdrawn or not. You are out of status from the day of layoff, regardless of H1 petition withdrawal. Forget the petition withdrawal stuff. There seems to be some myth about that running around on some rumor websites. Don't listen to rumors or some bad websites. The day of layoff is what matters, not the petition withdrawal. You should have filed a COS immediately after layoff. It is likely too late for that now. Link to comment
ge145 Posted June 19, 2013 Report Share Posted June 19, 2013 Since you think you know everything, why dont you read what the OP last posted :) Again company has to inform, then only system updates little technical detail. A person on H1 who is laid off is OUT OF STATUS from the day of layoff. A COS can only be filed when a person is in valid status. And once again, the H1 petition or if it is revoked is completely irrelevant. The person is OUT OF STATUS from the time of layoff. THAT is what matters! Link to comment
rahul412 Posted June 20, 2013 Report Share Posted June 20, 2013 Since you think you know everything, why dont you read what the OP last posted :) Again company has to inform, then only system updates little technical detail. Dude, once an employee has been laid off, then he/she will be out of status because their is no relationship between employer and employee. And moreover on H1, person has to get paid. If he/she has been laid off, then how is he getting paid?? That makes him/her out of status. Try to understand and learn the immigration rules. Link to comment
JoeF Posted June 20, 2013 Report Share Posted June 20, 2013 Since you think you know everything, why dont you read what the OP last posted :) Again company has to inform, then only system updates little technical detail. Sigh. Again, petition revocation does NOT MATTER. A person on H1 is out of status from the day of layoff. No but or if. No petition revocation. A layoff results in the person being out of status. Link to comment
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