Urgent: H1B termination - Please help!

newuser21

By newuser21,
in H1B : General

Recommended Posts

newuser21 Advanced Member

newuser21

Posted
Posted

Hi,

 

My lost my H1-B job last week, exactly 7 days back. 

I am in my last year of H1B, expiring on 10/2013. I had my labor and I-140 approved.

I started looking for a job as soon as lost it. I am going through interviews and shall have a new job next few days.

 

My questions are -

What shall I do and what I shouldn't do? 

Will I get a fresh H1-B since I had I-140? 

How much time I have to secure a job and to file a new H1-B?

At the worst case how do I determine if I have to go back to home country? 

Even after filing a new H1-B, What can I expect before 10/2013? 

 

 

Please help! 

 

Link to comment
JoeF Advanced Member

JoeF

Posted
Posted

You are out of status now! You should have filed a COS to some other status, e.g., H4 (if you are married and your spouse has an H1) immediately.

The employer has to pay for your flight to your home country, btw, if you want to go back.

Link to comment
omshiv Advanced Member

omshiv

Posted
Posted

Realistically what might happen is once your H1extension is approved thru a new company you'll get 797B for which you'll have to leave US for stamping...what's your I-94 expiry date? Make sure you don't stay beyond that date.

Out of Status is different from accruing Illegal Stay..

Link to comment
bedardi_visa Member

bedardi_visa

Posted
Posted

Hi,

 

My lost my H1-B job last week, exactly 7 days back. --  Don't worry.  Many many people go through this condition.  I am in same situation.

I am in my last year of H1B, expiring on 10/2013. I had my labor and I-140 approved.--  Good to hear that.  Since you have approved I-140 in hand you are eligible to get 3 years of H1B extension!  If your I-140 was approved 6 months back then you can even keep your priority date when you get a new job.

I started looking for a job as soon as lost it. I am going through interviews and shall have a new job next few days.-- I was in same situation.  I expected that I could cash on interviews that came initially, but couldn't.  Time flew by and weeks turned into month when I realized that I am too late for COS.  Hence, keep a deadline for how long you can wait for transferring H1.

 

My questions are -

What shall I do and what I shouldn't do? -- Should do: Don't loose hope.  Keep on searching job.  If you from IT side then don't worry.  You have 6 years of real experience.  You can easily find a job since the market is good.

Shouldn't do: Wait too long to find a job.  Keep a deadline to apply for COS to B2 visitor visa (though the rule is one has to apply when a person is in status.... isn't that an irony specially when one gets laid off without prior notice ?)

Will I get a fresh H1-B since I had I-140? --  Yes.  For 3 years.

How much time I have to secure a job and to file a new H1-B?-- Earlier the better.  It took me 1 and half month to find a consultant as I am from Non-IT background and 2 months to find a genuine job.

At the worst case how do I determine if I have to go back to home country? -- That is the last thing you need to do.  But before that give your all efforts to find a job.  Find a consultant even if you are not from IT background.

Even after filing a new H1-B, What can I expect before 10/2013? --  It depends how soon you get a new job.  If the gap is less than 15 days then you will get H1 transferred even with I-94 attached to your I-797 approval.  If your transfer misses recent paystubs for more than a month, then you may get I-797 approved without I-94, for which you will have to go out of US say to Canada, India or Mexico and get a new I-94 valid till your current H1B visa.  You can also go for visa stamping in case if you have enough time to join new job.

 

These suggestions are all what I learned after getting laid off, and still I have not come out of the problem.  Hence, my opinions are just opinions and needless to say not legal.

 

I understand your situation and wish you all the best to search new job.

 

Please help! 

Link to comment
newuser21 Advanced Member

newuser21

Posted
  • Author
Posted

You are out of status now! You should have filed a COS to some other status, e.g., H4 (if you are married and your spouse has an H1) immediately.

The employer has to pay for your flight to your home country, btw, if you want to go back.

 

 

I dont have any other of status, not dependent or student. 

Shall I file I-539, Application To Extend/Change Nonimmigrant Status?

 

Thanks

Link to comment
newuser21 Advanced Member

newuser21

Posted
  • Author
Posted

 

Hi,

 

My lost my H1-B job last week, exactly 7 days back. --  Don't worry.  Many many people go through this condition.  I am in same situation.

I am in my last year of H1B, expiring on 10/2013. I had my labor and I-140 approved.--  Good to hear that.  Since you have approved I-140 in hand you are eligible to get 3 years of H1B extension!  If your I-140 was approved 6 months back then you can even keep your priority date when you get a new job.

I started looking for a job as soon as lost it. I am going through interviews and shall have a new job next few days.-- I was in same situation.  I expected that I could cash on interviews that came initially, but couldn't.  Time flew by and weeks turned into month when I realized that I am too late for COS.  Hence, keep a deadline for how long you can wait for transferring H1.

 

My questions are -

What shall I do and what I shouldn't do? -- Should do: Don't loose hope.  Keep on searching job.  If you from IT side then don't worry.  You have 6 years of real experience.  You can easily find a job since the market is good.

Shouldn't do: Wait too long to find a job.  Keep a deadline to apply for COS to B2 visitor visa (though the rule is one has to apply when a person is in status.... isn't that an irony specially when one gets laid off without prior notice ?)

Will I get a fresh H1-B since I had I-140? --  Yes.  For 3 years.

How much time I have to secure a job and to file a new H1-B?-- Earlier the better.  It took me 1 and half month to find a consultant as I am from Non-IT background and 2 months to find a genuine job.

At the worst case how do I determine if I have to go back to home country? -- That is the last thing you need to do.  But before that give your all efforts to find a job.  Find a consultant even if you are not from IT background.

Even after filing a new H1-B, What can I expect before 10/2013? --  It depends how soon you get a new job.  If the gap is less than 15 days then you will get H1 transferred even with I-94 attached to your I-797 approval.  If your transfer misses recent paystubs for more than a month, then you may get I-797 approved without I-94, for which you will have to go out of US say to Canada, India or Mexico and get a new I-94 valid till your current H1B visa.  You can also go for visa stamping in case if you have enough time to join new job.

 

These suggestions are all what I learned after getting laid off, and still I have not come out of the problem.  Hence, my opinions are just opinions and needless to say not legal.

 

I understand your situation and wish you all the best to search new job.

 

Please help! 

 

 

bedardi_visa - Thanks a lot! 

At least you gave me basic idea. I had no idea on the next minute when I was told I don't have a job anymore. 

I am certainly close to securing a job in next few days, in one of the most sought after IT companies companies in the bay area. 

I WISH YOU BEST. Let me know if I can be any help for you in that. 

Link to comment

Archived

This topic is now archived and is closed to further replies.

Go to topic listing