H-1 layoff / transfer - URGENT

G

goldi

Registered Users (C)
Hi,

My company will be informing the INS that I will no longer be an employee as of May 23, 2003. I have two questions:

1. Let us say I get a job and the company files for an H-1. How much time has to be elapsed from May 23, 2003 before the application is treated as a transfer or a new H-1 application?

2. To file for a change of status to a B-1 or B-2 visa, do I need to go thru a lawyer or can I do it myself?

Thanks.
 
to be really really safe..

File (mail) the H1 application for the new company before May 23.

B1/B2 ..dont need a lawyer..download the form from the immigration.gov website.
 
1 - What is the procedure to convert H1B to B1/B2 , what are the forms that need to be filled? Does it usually get approved and when that visa usually expires? 6 months? or INS is reducing it to 1 month. Do you get ammended i-94 or visa stamped on ur passport?


2- How about going to the route of H1->F1, do you need to leave the country or stay legally until the semester starts or until your F1 is being aproved. I am not aware of major changes to that SEVIS (Student tracking system) but is it becoming harder to go from H1 to F1?


3- What about taking unpaid vaccation while you find an h1b transfer, some employers don't report to INS right away but can you justify that it was upaid vaccation or one has to leave the country to prove it.

Any Comment/Help is very much appreciated.
 
1. I539 with supporting docs. It is a 6 month visa, might take nearly 5 months (depending on service center) for visa approval. You will get a new I94 along with the approval.

2. It is becoming harder. Ask the school's immigration counsellor when you can start...

3. You have to leave country to prove unpaid vacation
 
Thanx Jaxen

Hi,

Thank you for the reply, just another question refering to the
B1/B2 conversion, if it may take 5 months before you can get approval, can you legally stay in US as long as you have recieved a Reciept from INS office that your application has been recieved. Also can you convert back to h1b before the B1/B2 approval?

Thanx
 
yes you can stay until BCIS decides on the b approval. converting back to h1 is another issue. theoritically you can. beware- for a change of status (h to b or B to H) you need to wait till the approval before you can act as one- B or H...
 
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