H 1b redundant/laid off

Hi

Hope someone can help as I am new to this H1B section

If you get a job offer and approved for H1B and then later get laid off/made redundant or contract terminated, can you still remain in the US and look for another job offer? If not how long before you have to leave the US?

Should you get another job offer (say you find a better job offer and wish to resign from sponcer of H1B) do you have to get a new H1B? or can you just move

Regards Sue
 
susan ward said:
If you get a job offer and approved for H1B and then later get laid off/made redundant or contract terminated, can you still remain in the US and look for another job offer? If not how long before you have to leave the US?
You need to look for new job. You had better keep the status gap between 2 employments as short as possible, so that you most likely do not have serious issue. If the gap was too long, it may invite the problem.

Should you get another job offer (say you find a better job offer and wish to resign from sponcer of H1B) do you have to get a new H1B? or can you just move
H1B is employer specific and everytime you change the employer, you need new H1 petition though it does not come under H1 quota.
 
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Hi,

Thanks for the reply it is very helpful

Just a quick question, if you resign or leave your job for any reason can you begin to work for new employer whilst new petition is in progress?

And do you have to go back to home country to process new application or can you start the new job and hope the petition is approved?

Regards Sue
 
2 months for extension here. 179 days for stamping at consulate

subject to I-94 being valid
susan ward said:
Hi

Hope someone can help as I am new to this H1B section

If you get a job offer and approved for H1B and then later get laid off/made redundant or contract terminated, can you still remain in the US and look for another job offer? If not how long before you have to leave the US?

Should you get another job offer (say you find a better job offer and wish to resign from sponcer of H1B) do you have to get a new H1B? or can you just move

Regards Sue
 
susan ward said:
Just a quick question, if you resign or leave your job for any reason can you begin to work for new employer whilst new petition is in progress?
Yes, When you port H1 to other employer, you can start working as soon as your H1 transfer to the new employer is filed(Til then, you can not work for new employer. it's just a matter of a few days)

And do you have to go back to home country to process new application or can you start the new job and hope the petition is approved?
Most likely you can process your H1 in the US. The reason I say "most likely" is one has to be in status to apply for new petition in the US and therefore , in strict sense, person out of status may not be eligible to file new petition in the US. However, in reality, we see a lot of people who was laid off is doing this in the US and approved as long as their out of status period is short(that is the reason why i recommend to make the status gap shorter).
Of course, your I94 should not be expired to do this in the US. :)
 
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Hi

Thanks for the info

The hardest part now is getting a job offer for my son on H 1 B

Mom, dad and brothers are LPR but due to processing delays and errors, he appears to hav aged out, so unless he can get a job offer then we shall be kept separated for another 5 years

Anyone need a software engineer in Orlando area? or know any good companies to approach

Regards Sue
 
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