Regarding layoff on H1B

[ramkrs80]

What is the grace period on H1B after a layoff ?

 

Can I switch to H4 immediately after the layoff and then switch back to H1 after I get the job ? 

 

Which is the form for a change of status in this situation ?

 

Please advise in the situation what is the best option I could take ?

 

Can my company prolong the end date without running the payroll for a month or not inform USCIS about the change ?

 

Thanks a lot.

[jairichi]

Zero days.

Yes. But, you can start working on H1B only after approval.

I-539.

File for a COS to H4 before your last day with employer. This will allow you to look for a job and stay in status in US. Once an employer offers you a job and files a cap exempt H1B petition wait for approval and join employer if approval notice has I94 attached to it.

No pay then you are out of status by default.

[omshiv]

0 days..you need to switch to H4 immediately.

[wiweq]

What is the grace period on H1B after a layoff ?

 

=> 0 days.

 

Can I switch to H4 immediately after the layoff and then switch back to H1 after I get the job ? 

 

=> Instead of after, file COS to H4 on the day of layoff.

Once you get a job again, and H4 is still in processing you can cancel the processing by writing an application to USCIS. 

 

Which is the form for a change of status in this situation ?

 

=> I-539.

 

Please advise in the situation what is the best option I could take ?

 

=> COS to H4 on the day on lay off. Find new employer and ask them file your H1b in PP. Once H1b approved, cancel the H4 processing asap. Just make sure, because its not H1b extension, you cannot start working on receipt. Complete approval if H1b is must to start working. 

 

Can my company prolong the end date without running the payroll for a month or not inform USCIS about the change ?

 

=> Employer stops payroll, employer-employee relationship is broken and you are out-of-status.

 

Thanks a lot.

=> All the best!