h1-b status question

D

drraghu

New Member
one of my friend is on H-1B visa in u.s.a since 8 months.....
but, he is out of job and he is not getting payslips since past few months..
1) what is is his H-1 B visa status?
2) can he stay in u.s.a until his current employer provides another job?
3) can he apply for a transfer of H-1B visa to another company ?
3) can he go back to india and come back again on different h-1B visa?
please give specific answers.. i will be greatful for your help..
thanks.
Rao
 
Answers

1) He is most probably out of status.
2) He can risk staying here until expiry of I94. But if INS "inspects" him, he might be deported.
3) He can. If he does not produce paystubs from last 3 months(or less), INS might ask him to get the stamping done again (by going to canada/mexico or home country) and then re-enter US.
3) He can. Of all the 4, this is the most legal and safe option.
 
H-1B status question

The writer of this message is not a lawyer and this message is not meant to be legal advice. Before relying on this information, you must consult a lawyer on the facts of your specific case. The Law Offices of Rajiv S. Khanna takes no responsibility for the accuracy of this information.

You are out of status from the day on which you stop working. Provided that the employer did not revoke the H-1, the 180 day period that results in the 3 - 10 yr. bar would not apply to him until his I-94 expires, or if INS catches on that he is out of status.

It is advisable that he applies for an H-1 transfer to another company, if he can find a sponsor, as soon as possible. If INS is sympathetic to his case, they might issue an I-94 together with the approval, in which case he will not have to leave the country, but if INS does not issue an I-94 together with the approval, he will have to leave the country and go back to his home country to apply for a visa at the US consulate.
 
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