Hello -
I hope someone can help me with an I-94 question. My H-1B was renewed in 2008 for three more years. We received a notice of the approval, and a document which contained the name of the foreign consulate where I could get a visa stamp if I leave the country. We did not receive a new I-94. My company lawyer told me that there is some kind of another pending application and that I will receive a new I-94 when it is approved. I am not sure as to the specifics, but I was also told that I could continue working for my company and that as long as I was receiving regular paychecks, I would be fine.
However, I just learned that I am being laid off from my H-1B employment and instead of severance, I was offered the option to go on a paid leave of absence until May 15, so that to look for a new job rather than immediate termination.
My first question is when I would need to leave the country if I cannot find another employment. My current visa stamp and the I-94 which I was given in 2005 based on the prior I-129 petition, both expired on October 1, 2008. If I am no longer employed on May 15, would that mean I would immediately be out of status? And if my employment ends without the application being approved and no new I-94, then starting May 15, I would have been out of status since the expiration of the I-94 or since the end of employment?
My second question is if it is possible to apply for change of status to B2, for instance, or for an H-1B transfer (in case I get lucky in these hard economic times) prior to the termination date if the visa stamp and I-94 are expired, but there is an application pending at the time of layoff, and if I have been continuously employed.
I hope someone can help me with an I-94 question. My H-1B was renewed in 2008 for three more years. We received a notice of the approval, and a document which contained the name of the foreign consulate where I could get a visa stamp if I leave the country. We did not receive a new I-94. My company lawyer told me that there is some kind of another pending application and that I will receive a new I-94 when it is approved. I am not sure as to the specifics, but I was also told that I could continue working for my company and that as long as I was receiving regular paychecks, I would be fine.
However, I just learned that I am being laid off from my H-1B employment and instead of severance, I was offered the option to go on a paid leave of absence until May 15, so that to look for a new job rather than immediate termination.
My first question is when I would need to leave the country if I cannot find another employment. My current visa stamp and the I-94 which I was given in 2005 based on the prior I-129 petition, both expired on October 1, 2008. If I am no longer employed on May 15, would that mean I would immediately be out of status? And if my employment ends without the application being approved and no new I-94, then starting May 15, I would have been out of status since the expiration of the I-94 or since the end of employment?
My second question is if it is possible to apply for change of status to B2, for instance, or for an H-1B transfer (in case I get lucky in these hard economic times) prior to the termination date if the visa stamp and I-94 are expired, but there is an application pending at the time of layoff, and if I have been continuously employed.