What are the options for a person when they get laid off?

[rahul12345]

Hi, 

 

I am on H1B visa and was laid off on 21st of last month. I was given 1 month severance pay. I was told I have 2 weeks time after the end of severance pay period, that is 2 weeks starting from 21st May (please correct me if I am wrong here). So I believe I have till 3/4th June to get things in order (please correct me if I got this wrong, because its mostly hearsay ) 

 

I am trying to switch my wife visa from H4 to F1 and myself go on F2 visa. Hopefully I will be able to send out the package with I-539 form this monday, if I get all the documents from her school. 

 

Please advice as to what other options are there to maintain the visa? Also, if you can share your experience and what you did in similar situation, it will be really helpful. Can I remain of H1B visa without running the payroll, and still be able to transfer visa in future if I get another job? I don't work in IT industry, so running payroll is not an option for me. My employer may have revoked my visa. 

 

Thank you for reading!

[jairichi]

Hi, 

 

I am on H1B visa and was laid off on 21st of last month. I was given 1 month severance pay. I was told I have 2 weeks time after the end of severance pay period, that is 2 weeks starting from 21st May (please correct me if I am wrong here). So I believe I have till 3/4th June to get things in order (please correct me if I got this wrong, because its mostly hearsay ) 

 

I am trying to switch my wife visa from H4 to F1 and myself go on F2 visa. Hopefully I will be able to send out the package with I-539 form this monday, if I get all the documents from her school. 

 

Please advice as to what other options are there to maintain the visa? Also, if you can share your experience and what you did in similar situation, it will be really helpful. Can I remain of H1B visa without running the payroll, and still be able to transfer visa in future if I get another job? I don't work in IT industry, so running payroll is not an option for me. My employer may have revoked my visa. 

 

Thank you for reading!

You are out of status from 22nd April. You had the option of applying for COS to B2 immediately after your lay off. This would have helped you to stay back in US to find a suitable employer and file a cap exempt H1B petition. Once approved without I94 you would just have to exit and enter US with a valid H1B visa and new I797.

[omshiv]

I believe what you are planning to do is the correct option at this moment...i.e. COS to F2...talk to an Attorney if you can. Else you can also move to B1/B2. Also I dont think I would need to advice you on this, but start applying everywhere. But do not join any Desi consulting company as that would spoil your career and your status.

 

God bless you in your search..pray tight and you'll be fine.

[JoeF]

You have been out of status from the day of layoff.

That means your wife's COS to F1 is unlikely to work, since she is also out of status, because you are no longer on H1.

 

And what do you mean with "running payroll"? Are you implying that in IT it would be possible to do something illegal????

A person on H1 is out of status if the person is laid of or doesn't get paid. That applies to ALL professions. Fake payroll is illegal, a felony. That's also in ALL cases.

There are no special rules for IT or any other industry.

[t75]

YOU are not trying to change your spouse's status.

 

You are out of status immediately upon layoff. You are approaching 1 month OOS. Severance pay has nothing to do with it.

 

Your choices are to COS to another to which you are entitled or go home until you find another employer to sponsor you. Your employer should have filed as soon as you were terminated; it is requried.

[rahul12345]

You have been out of status from the day of layoff.

That means your wife's COS to F1 is unlikely to work, since she is also out of status, because you are no longer on H1.

 

And what do you mean with "running payroll"? Are you implying that in IT it would be possible to do something illegal????

A person on H1 is out of status if the person is laid of or doesn't get paid. That applies to ALL professions. Fake payroll is illegal, a felony. That's also in ALL cases.

There are no special rules for IT or any other industry.

Sorry to bust your bubble, but "YES", IT desi consultancy do run payroll, and they do quite a few shady things that are actually illegal. In fact IT industry is greatly responsible for strict immigration reforms that are there now. I will not go into how good the resumes of these "professionals" are! Lying on resume is also deceitful, which is true for everyone else EXCEPT for IT "professionals". 

[JoeF]

Sorry to bust your bubble, but "YES", IT desi consultancy do run payroll, and they do quite a few shady things that are actually illegal. In fact IT industry is greatly responsible for strict immigration reforms that are there now. I will not go into how good the resumes of these "professionals" are! Lying on resume is also deceitful, which is true for everyone else EXCEPT for IT "professionals". 

Hmm, yes, I know that. My question was a rhetorical question...

This "running payroll" stuff is illegal everywhere. It is bad that some people seem to think it is ok in IT, just because some fraud companies do it...

[rahul12345]

Guys, I did finally get a full time job after all these months. The company did file for my H1B transfer and it also got approved for next 3 years. My present H1B stamping (previous employer's visa) is valid till March 2016. The lawyers of my present employer insist that since I was out of status for so long, I should travel out of US and return with new stamping with present employer's name on it. 

 

My thinking was I do not need a new stamping just yet since my last stamping is still valid for another year. I understand I am required to travel out of US and return to fix the status but do I also need to get the new visa stamping??? I was thinking of traveling to either Mexico or Canada and come back to US the next day.  

 

I am nervous about going to India for stamping because I may get rejected given i was out of status for so long. kindly share your thoughts on this. 

[jairichi]

Guys, I did finally get a full time job after all these months. The company did file for my H1B transfer and it also got approved for next 3 years. My present H1B stamping (previous employer's visa) is valid till March 2016. The lawyers of my present employer insist that since I was out of status for so long, I should travel out of US and return with new stamping with present employer's name on it. 

 

My thinking was I do not need a new stamping just yet since my last stamping is still valid for another year. I understand I am required to travel out of US and return to fix the status but do I also need to get the new visa stamping??? I was thinking of traveling to either Mexico or Canada and come back to US the next day.  

 

I am nervous about going to India for stamping because I may get rejected given i was out of status for so long. kindly share your thoughts on this. 

Did your I797 come with an I94? Yes, you are correct. You can exit and enter US with a valid H1B visa and new I797 to get new I94.

[rahul12345]

Did your I797 come with an I94? Yes, you are correct. You can exit and enter US with a valid H1B visa and new I797 to get new I94.

 

Thanks for the reply. I received the I797 copy today.

 

The lawyers are of opinion that - ".... It is possible that the CBP officer could hassle you or even refuse to admit you, but it doesn’t seem likely and hopefully will not be the case"  - if I were to go to Mexico or Canada and try to re-enter US with previous employer's valid visa. The other option they have given me is to travel to India, and get the new stamping done. I see this as more risking knowing the rejection rate is too high. During the visa interview the officer might object to me being out of status for so long, and cancel the current visa as well (worst case scenario).  

 

Now after fixing so many things I don't want to derail the whole process by making one wrong decision. Kindly advise which is safer option for me: 1> traveling to India, or 2> traveling to Canada? Also, if I go to canada, how long am I suppose to stay there before returning to US?

[rahul12345]

My employers are insisting that I go to India and get stamping done rather than traveling to mexico or canada. My H1B visa stamping is still valid, but I have been out of status for months. 

 

Objection to Canada is Canada requires you to get a tourist visa, Mexico will also any valid H1B stamping (but my lawyers are saying since I am out of status that will not work). 

 

Guys I just need to update the I94 to start working and there is huge confusion about where I can & should travel to get that I94 updated. Employers are insisting on stamping even though my current visa is valid for another year. Too much confusion and anxiety due to all that debate. 

 

I would appreciate if you guys could suggest a safest way for me to start working at the earliest. Thank you.!

[JoeF]

There is a significant risk when trying to get a visa in a third country, It is always best to get the visa in your home country,

GO to your home country and get a visa there.

[rahul12345]

There is a significant risk when trying to get a visa in a third country, It is always best to get the visa in your home country,

GO to your home country and get a visa there.

Thanks ..... I went to India, and am back now. Both me and my wife got the visa stamped, and the visa is now valid for another 3 years.

 

Thank you all for your valuable input and time. Thanks!!!!!