company liquidated... H1B -> out-of-status

M

mlped

New Member
I was employed on H-1B at a company which liquidated this month as a result of which I was terminated on August 18, 2003. My company said that they will be informing BCIS right away to revoke my H-1B. I am trying to find out the various options I have in order to legally stay in this country and to that end I'd much appreciate if someone could answer the following questions.

1. a.) How long can I legally stay in the United States on my current H-1B?
b.) Until what date can the H-1B be transferred to another company?

2.) My husband is on F-1. He graduated this summer and is eligible to work on OPT but he is currently out of the country.
a.) Can I apply for F-2 in his absence from this country?
b.) Will I have to leave the country to change my status from H-1B to F-2?

3.) Say I applied for a change of status to F-2 and while the application was still in process I got hired by an employer.
a.) could an application for changing status to H-1B be submitted while an application for F-2 was still in process?

4.) Can a visitor's visa be obtained without leaving the country?

5.) Will my old company be obliged to give me a one-way transportation to my home country if my H-1B is transferred to another company?

Any help in this matter will be greatly appreciated.
 
1. Not longer. However for a routine immigration check the current I94 expiry date will be your drop dead down date. If there is not a H1 transfer pending by that date you will accumulate permanent out of status time. Any transfers attempted after the I94 expiry date are likely to be denied. However more important date is the date of your last paystub. I would not give 2 months beyond this paystub date for a RFE free H1 transfer approval. Some of the lucky few get h1 approved without I94

2. a Yes.
b. I539- change of status, if f2 approval comes with a new I94 then no need to travel out of country

3. You have to withdraw F2. The status change will become murky and ugly. But there are many strategies which can overcome the what status I am in issue. If there is somebody willing to hire you, ask them to file premium processing for a new H1 visa, leave country (voids pending H to F2), get the H visa stamp in a US consulate (with a previous visa stamp in passport you can even get it in Canada) and then start working for the new employer.

4. Yes

5. No
 
If I were to file for a change my status from H-1B to F-2, what forms and documents would I need to submit to BCIS? I have come up with the following list.

1.) Copy of my husband's F -1 visa
2.) Copy of my H-1B visa and approval notice (I-797)
3.) Copy of my I-94 departure record
4.) Copy of my husband's I-94 departure record (I don't have a copy of this. Is it alright if I didn't submit it?)
5.) Copy of my husband's I-20 (Is this required?)
6.) Copy of our marriage certificate
7.) Completed I-539 form
8.) Processing fee - $140

Is the above list correct and complete? Is ther something else that I will be require to submit? Thanks.
 
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