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  1. #1
    Join Date
    May 2017
    Posts
    2

    Post Laid Off on H1b with 2 Months Grace Period Ending

    Hi Friends!
    I recently got laid off from my company on 03/31/17. I still have no luck getting a new job. Considering 2 months grace period, I have only 9 days left. After talking to few friends and a lawyer, I can think of these few options to maintain my status here. I would really appreciate your advice on these options or if you can suggest any other options.

    my visa status: I140 approved (priority date is July 2012)

    Option 1: I asked my company to give me sabbatical for 4 months. which they approved. So, one I find a new job, I can just do a normal h1b transfer. One problem could be, my H1B transfer can still be denied as I am still in the US on sabbatical.
    Please advise if this is still a good option? I am thinking to travel outside us on 06/01/17 and comeback after 2 months to avoid any sabbatical related questions (as I will be outside us for 2 months)

    Option 2: I might get an offer from a tech consulting company but they need to file h1b transfer with consular processing. But I have to go outside us to get new stamping, which may be risky.
    Please advise if there is any issue with visa approval in this case?

    Option 3: I leave us to and keep looking for a job. Once I get something, a company will transfer my h1b. and I can't come back until it gets approved. As there is no premium processing, it could take 4-6 months.
    Please advise on when can I come back to us? and how? (on b2 or h1B)

    Option 4: change my status to B2 and once I get a job change it back to H1B. but I heard that B2 can still take 3-4 months to get approved.
    Please advise if I get a job next months while my B2 is under process, can I still apply for H1B transfer and stop B2? or what is the process to get B2 and then change it to h1b once I get a job.

    Thank you all for your time and help! I really appreciate it.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Laid Off on H1b with 2 Months Grace Period Ending

    Why have you waited until NOW. You should have been actively doing something before the time runs out. At the minimum you can try to get another 60 day extension (I believe you are allowed one). As it is, in eight days you will be out of status. If you are still in the US at that time and you do not have an application in to change your status you will be considered illegally present (possibly back to your termination date). I'd be on the phone IMMEDIATELY to an immigration attorney. The clock is ticking.

    It would be foolhardy for your company and retroactively lie and say you were on sabbatical when you were indeed terminated. Not only would it come back to haunt them, you would be guilty of immigration fraud and can be deported and subject to a lifetime bar. We can't advise you to break the law (regardless of the outcome).

    There is no such thing as an H1B "transfer." Any new employer will have to apply for a new visa for you. The good news is that you get to skip some concerns the second time around (most importantly the cap). Note, that giving an employer seven working days is going to be daunting. Unless they're already standing up jobs looking for H1B's, there are things they must do (advertising, etc...) in order to even consider hiring on such a visa.

    You can apply to adjust to the non-immigrant status, but understand that you could be very well denied given your appearance that you are using it improperly (immigrant intent). This you apply, you won't accrue illegal presence while the application is pending, but if it is denied, you will be retroactively declared illegal present back to the time you would have been out of status otherwise.

    You need to be talking with whatever imagined prospective employers you have and an attorney NOW, or be prepared to get out of the US by next Tuesdday.
    You really waited too long.

  3. #3
    Join Date
    May 2017
    Posts
    2

    Default Re: Laid Off on H1b with 2 Months Grace Period Ending

    Thank you for the advice. interestingly my lawyer didn't mentioned about getting another 60 days extension. I will give him a call asap to discuss and start the process.

    Thanks you once again.

    I just found a company who will transfer my H1B with internal project. and meantime (it take 4-5 months) I will find another client project with them.

    Quick Que, Just want to confirm that Can I wait till my H1B gets approved with this new company (4-5 months) and can still be in status with no pay stub for next 4-5 months?

    I just found a company who will transfer my H1B with internal project. and meantime (it take 4-5 months) I will find another client project with them.

    Quick Que, Just want to confirm that Can I wait till my H1B gets approved with this new company (4-5 months) and can still be in status with no pay stub for next 4-5 months?

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