On L1B and laid off by the employer, H1B approved through the same employer and active from 1-Oct 2014

[vjr201208@gmail.com]

Hi,

 

I am on L1B and working for 2 years for Bally US, prior to this worked for 6.5 years for Bally India.

 

Bally laid off me on Jun 24th without any notice. I have approved H1B, through Bally and they sent me the I797 (reached on Jun 30).

 

My L1B expires on Apr 1st 2015 as per Visa. My I94 has date Jun 16, 2015 ( I am not sure, what is this date indicates?)

Have following questions:

1. How long I and my family stay in US without changing the status? My 10 months old baby does not have PIO card and get to know that getting PIO card may take 3 to 4 weeks?

2.If possible would like to stay in US, and If need to change the status, what is your suggestion by considering my H1B approved by Bally, who laid off me?

3. Can I work on L1B for a different employer?

4. Can Bally revoke my H1B also along with L1B?

5. If I need to go back India with family (wife, daughter and 10 months old baby) , will my employer responsible for my airfare and travel expenses

6. When can my new employer port the H1B from Bally, who laid off me?

7. If I and my family need to change of status to B2, what is the procedure for that? 

 

My family and I are in very panic situation and answers to the above questions are greatly appreciated.

 

Thanks,

VJ R

[jairichi]

1. Zero days.

2. You have the option to apply for COS to B2 for you and your family and look for a job or pack your things.

3. No. Read about L1B requirement in USCIS website.

4. Yes.

5. Yes.

6. Immediately if you have one.

7. Fill form I-539 with supporting documents and fee. Check USCIS website.

[vjr201208@gmail.com]

Thanks for your reply. have following questions. Reply is greatly appreciated.

 

2. If possible would like to stay in US, and If need to change the status, what is your suggestion by considering my H1B approved by Bally, who laid off me? You have the option to apply for COS to B2 for you and your family and look for a job or pack your things.

[VJ] how long will COS  to B2 take, will it be a problem during COS to H1. I heard during the COS process not recommended to go back India.

4. Can Bally revoke my H1B also along with L1B? Yes. If yes, what is the time duration I or my new employer have to petition for H1? 

5. If I need to go back India with family (wife, daughter and 10 months old baby) , will my employer responsible for my airfare and travel expenses? Yes. is their a website link to prove this to my employer? as they are not ready to do it now.

6.When can my new employer port the H1B from Bally, who laid off me? Immediately if you have one.

    Immediately, is a requirement or can I wait till mid Sep? 

 

[jairichi]

COS approval takes around 3 to 4 months giving you an opportunity to look for jobs. It will not be a problem when your employer files COS to H1B later. Yes, if you travel during COS then the petition is considered abandoned. I do not have a link to their website but I know a few of my friends were provided flight tickets to return as their projects got terminated in US. That might be due to company policy or USCIS. Check with an attorney. An employer can file a cap exempt H1B petition anytime for you.

[t75]

Your former employer is not required by US law to provide expenses for family members. Your contract with them may have that provision.

If you are in a panic, consult an attorney for personal attention.