Hi Friends,
I was employed with a Fortune 500 company through one of its approved vendors (since the job I perform/performed) is an outsourced service for the company.
A month ago, the company (with whom I work full-time) snapped ties with the vendor for reasons not related to me (global corporate policy).
The vendor wrote to the INS that as of July 1, 2009, I was no longer employed with him. I got a copy of the letter sent by him to INS on July 14. His letter to the INS is dated July 7.
I checked the USCIS site (last on July 21) to track the status of my H1. Here is the summary of what the online tracking system states.
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We reopened this xxxxxxPETITION FOR A NONIMMIGRANT WORKER on July 17, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
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Now the Fortune 500 company with whom I worked has reviewed my appointment afresh and approved my retention. I am in the process of finding another of the company's approved vendors to file employment details with the INS. This process should be complete within the next few days (and within a month of being laid off.
My question is-----
1. Since the vendor informed INS that I was no longer employed with him from July 1, does it mean I am out of status and my stay in the US after July 1 would be considered a violation of immigration laws (my I-94 is valid for another 4 years)
2. Would I be violating the immigration law between the time period that I have been unemployed (July 1) and the time period I would be re-employed and papers filed with INS --- probably within a month of being laid off and within 15 days of USCIS starting the review process of my case.
3. I understand that one is allowed 10 days stay after the expiry of an H1B visa after the six year period. What is the grace period granted for stay in the US if one loses a job while holding a valid H1B and is the process of exiting the country. (I have booked my tickets for July 31)
4. Assuming my new employer submits my papers within the next few days---I have so far not even received the USCIS notice spelling out the procedures to be followed by me during the process of reconsideration of my status----would my H1B be transferred (which could mean my not having to leave the country) or would I have to leave the country and re-enter following a consular processing of my application.
5. But most of all, am I violating any law by staying on in the country after I have been laid off and I have been informed of it and the INS is still in the process of reconsidering my status.
(Incidentally, my new employers would be filing my employment details from Chicago. This is for information in case members feel caseload could be an issue for calculating the processing time.)
I would most appreciate it if any of the members can share a link to the sections of law I should refer to check out the grace period available to valid H1B visa holders to leave the country on loss of a job.
Regards and many thanks in advance for the assistance for any/all information.
I was employed with a Fortune 500 company through one of its approved vendors (since the job I perform/performed) is an outsourced service for the company.
A month ago, the company (with whom I work full-time) snapped ties with the vendor for reasons not related to me (global corporate policy).
The vendor wrote to the INS that as of July 1, 2009, I was no longer employed with him. I got a copy of the letter sent by him to INS on July 14. His letter to the INS is dated July 7.
I checked the USCIS site (last on July 21) to track the status of my H1. Here is the summary of what the online tracking system states.
===============
We reopened this xxxxxxPETITION FOR A NONIMMIGRANT WORKER on July 17, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
================
Now the Fortune 500 company with whom I worked has reviewed my appointment afresh and approved my retention. I am in the process of finding another of the company's approved vendors to file employment details with the INS. This process should be complete within the next few days (and within a month of being laid off.
My question is-----
1. Since the vendor informed INS that I was no longer employed with him from July 1, does it mean I am out of status and my stay in the US after July 1 would be considered a violation of immigration laws (my I-94 is valid for another 4 years)
2. Would I be violating the immigration law between the time period that I have been unemployed (July 1) and the time period I would be re-employed and papers filed with INS --- probably within a month of being laid off and within 15 days of USCIS starting the review process of my case.
3. I understand that one is allowed 10 days stay after the expiry of an H1B visa after the six year period. What is the grace period granted for stay in the US if one loses a job while holding a valid H1B and is the process of exiting the country. (I have booked my tickets for July 31)
4. Assuming my new employer submits my papers within the next few days---I have so far not even received the USCIS notice spelling out the procedures to be followed by me during the process of reconsideration of my status----would my H1B be transferred (which could mean my not having to leave the country) or would I have to leave the country and re-enter following a consular processing of my application.
5. But most of all, am I violating any law by staying on in the country after I have been laid off and I have been informed of it and the INS is still in the process of reconsidering my status.
(Incidentally, my new employers would be filing my employment details from Chicago. This is for information in case members feel caseload could be an issue for calculating the processing time.)
I would most appreciate it if any of the members can share a link to the sections of law I should refer to check out the grace period available to valid H1B visa holders to leave the country on loss of a job.
Regards and many thanks in advance for the assistance for any/all information.
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