Got laid off.. need advice on choosing next step..

P

premild

New Member
Well, after workin here for close to 4 years, I got laid off from my company. I have a H-1B visa and the company had applied for my Green Card processing. But the Labor Certification hasnt come yet. I am also doing my Masters in Systems Engineering here also. I have completed two years and have one more year to go.

My final date of lay-off is May 21st. I have a few questions I'd be grateful for those who answer:

1. How long can I stay after May 21st here in USA?

2. If I dont get another company to sponsor me, I'd like to transfer over my visa to a Student visa (F-1). Is this allowed? If so, can I just switch my status or do I need to go back to India and apply all over again?

Thanks in advance,
Prem.
 
. How long can I stay after May 21st here in USA?
--- Technically you can stay for 10 days only.But one month would be ok. If you don't have a filling within 10 days you are out of status though

2. If I dont get another company to sponsor me, I'd like to transfer over my visa to a Student visa (F-1). Is this allowed? If so, can I just switch my status or do I need to go back to India and apply all over again? '

--You can do that but for that you have to leave country,get an F1 stamp from india or your native country
 
Thanks for the prompt reply. Yes, I am from India.

So, is there no way I can transfer my H-1B to a F-1 without going to India? The reason I ask is that I'd most probably fund my education as there is only one year left of my Masters degree. My company was paying for my degree up till now.
 
you need not go back to India. contact your international office and ask them to convert your H1 to an F1. though you will not have a visa stamp in your passport, your status will be changed to that of an F1 and your new I-94 will be your proof of F1 status. But if you leave the country, then you will need to have an F1 visa stamp issued in your native country (India) to re-enter the US. Hope this helps. I have been through this process and I am one semester from finishing my graduate study. If you have questions, feel free to ask.
 
Originally posted by premild
Well, after workin here for close to 4 years, I got laid off from my company. I have a H-1B visa and the company had applied for my Green Card processing. But the Labor Certification hasnt come yet. I am also doing my Masters in Systems Engineering here also. I have completed two years and have one more year to go.

My final date of lay-off is May 21st. I have a few questions I'd be grateful for those who answer:

1. How long can I stay after May 21st here in USA?

2. If I dont get another company to sponsor me, I'd like to transfer over my visa to a Student visa (F-1). Is this allowed? If so, can I just switch my status or do I need to go back to India and apply all over again?

Thanks in advance,
Prem.
Click to expand...

Technically you can stay till the INS approves H-1 cancellation petition by your current employer. You are eligible for the salary tilll that time...

-rajum
 
Re: Re: Got laid off.. need advice on choosing next step..

Originally posted by rajum
Technically you can stay till the INS approves H-1 cancellation petition by your current employer. You are eligible for the salary tilll that time...

-rajum
Click to expand...

Rajum, what you are saying is interesting and new to me. Are there any previous discussions in the forum related to the subject?
 
So my understanding is that

1. I can change the visa from H1 to F-1

2. If I do leave, then I'll have to get the F-1 stamped in the Indian consulate

What happens if I convert my H-1 to a F-1 and then leave for India? I would have the visa already converted but all I would need is to get it stamped on the passport, right?
 
Re: Re: Got laid off.. need advice on choosing next step..

Originally posted by rajum
Technically you can stay till the INS approves H-1 cancellation petition by your current employer. You are eligible for the salary tilll that time...

-rajum
Click to expand...
This is silly. What happens when the employer does not actually cancel the H1 petition after you are laid off? You remain in status and also get paid for ever??
 
Change of status after 9/11 theoratically is impossible to be done in US. I haven't heard an instance where people have changed it from H1 to f1 that easily. Its better to talk to lawyer or your international advisor. From what I have heard before you have to leave country to have a different type of visa. You cannot file for f1 in US even though you may have an I20 from your school
 
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