H1B - Laidoff, intend to look for jobs

[winsouza]

Dear Members,

 

I have browsed through various posts on the forum in the past and now, got valuable advise and insight. Any direction/ guidance on my current situation is sincerely appreciated.

 

I started working with Company X in April 2013, after receiving 797A (with I-94) valid until January 2016. I recently was terminated with an immediate effect notice on October 15th. My firm also gave me a copy of the letter that they would be sending to USCIS, which states that my last paid date will be October 29th (am confident they will honor the payment).

 

Yes, since that day I have been looking for jobs in my profession who would sponsor a work visa for me. I have been in the US for the past 11 years and have diligently maintained status for each and every day and intend to do so going forward. I have a lawyers appointment on Tuesday, before the appointment wanted to have an understanding of what my future course of action could be.

 

As stated my intention is to look for another job, hence do I:

1. Leave the country ASAP, but continue my search outside (This option literally cuts my chances down, if I get a face to face interview)

2. Do I wait for some time example - November 15th to file B1/B2 visa or should I do it immediately (This option gives me valid status and at the same time a chance to go for a face to face interview, if I am able to get one)

3. I am sure not going to go F1 route, although I don't expect any other options but have I missed out 1 in considering a viable alternative to the above 2.

 

Thank you for taking the time to review my post and your kindness is sincerely appreciated. 

 

 

[jairichi]

Dear Members,

 

I have browsed through various posts on the forum in the past and now, got valuable advise and insight. Any direction/ guidance on my current situation is sincerely appreciated.

 

I started working with Company X in April 2013, after receiving 797A (with I-94) valid until January 2016. I recently was terminated with an immediate effect notice on October 15th. My firm also gave me a copy of the letter that they would be sending to USCIS, which states that my last paid date will be October 29th (am confident they will honor the payment).

 

Yes, since that day I have been looking for jobs in my profession who would sponsor a work visa for me. I have been in the US for the past 11 years and have diligently maintained status for each and every day and intend to do so going forward. I have a lawyers appointment on Tuesday, before the appointment wanted to have an understanding of what my future course of action could be.

 

As stated my intention is to look for another job, hence do I:

1. Leave the country ASAP, but continue my search outside (This option literally cuts my chances down, if I get a face to face interview)

2. Do I wait for some time example - November 15th to file B1/B2 visa or should I do it immediately (This option gives me valid status and at the same time a chance to go for a face to face interview, if I am able to get one)

3. I am sure not going to go F1 route, although I don't expect any other options but have I missed out 1 in considering a viable alternative to the above 2.

 

Thank you for taking the time to review my post and your kindness is sincerely appreciated. 

Best option is to apply for COS to B2 or to H4 (if your spouse is on H1B) immediately that would allow you to be stay in US and look out for a job

[JoeF]

You are out of status already, since the day of layoff.

File a COS to B2 immediately.

[ajaysharma]

As others said, you're out of status the day after you've been laid off (your last date of pay notwithstanding)

 

Unless you have an immediate offer about to materialize, you might want to apply COS and stay in the country pursuing jobs. Leaving will make it very difficult to find a job in the US.

 

You should hopefully encounter no problems in getting a COS with a I-94 with a small status gap. I had the exact same problem recently but my H1 was approved with I-94.