H1 laid off - status?

H

h12h1xfer

Registered Users (C)
Hi,

I am posting on behalf of a friend, who is on H1B, and just learnt that he is laid off. Assuming a severance package of 2 weeks,
a) How long can he stay in the country without being "out of status"?
b) If the employer is willing to spread the severance package to 4 weeks (at half the rate), will he be "in status" for longer?
c) In the worst case, if he does go "out of status", what are the implications?

Thanks.
 
No Title

a) How long can he stay in the country without being "out of status"?

Technically, she is out of status immediately upon termination of employment. A severance package does not continue status.

b) If the employer is willing to spread the severance package to 4 weeks (at half the rate), will he be "in status" for longer?

NO.

c) In the worst case, if he does go "out of status", what are the implications?

No mandatory bar to reentry will be triggered until she accumulates 180 days of overstay. Calculating when overstay begins can be somewhat fact specific since it starts when INS has notice of her being out of status (normally I-94 expiration or visa cancellation by the employer). If she hits 180 days of overstay she will not be able to reenter the US for 3 years. If her overstay reaches 365 days, the mandatory bar increases to 10 years. Once she is no longer working it will become increasingly difficult to obtain an H-1 transfer or extension, or to change status. Any approval would most likely require her to leave the US and reenter.

Jim
 
H1 visa stamp

I came to US with H1 visa stamped on my passport.
Now I have changed my employer and transferred my H1 to my new employer. I wish to stamp this new H1 on my passport. Can I get it stamped here in US? What is the procedure ?How much time it will take? What are the documents I have to
submit?

Thank you for your time!
 
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