H1b laid off... want to go back home

mac_addict

New Member
I'm actually new to this forum so pls bare with me.

I actually got laid off mid-Nov this year and has tried applying to other jobs to no avail. I've read on other posts that I need to transfer my h1b with the shortest gap possible. How short are we talking about? I've been unemployed for 1 month already.

What are the restrictions if I end up going back to my homecountry? Do I need to apply for a change of status to a tourist visa so that I don't have to do it in my homecountry? Or can I just leave the US and hopefully apply for a tourist visa in my homecountry? If I do decide to go home, when should I leave the US? If I try to re-enter the US again in the next few years, will I be having trouble getting in/getting another visa due to my h1b cancellation?

Any response is appreciated. Thanks!
 
Hi mac,

Dont panic at first, you just have a month's break. Keep trying, even if you decide to go back to India, coming again is not a problem and the next time you can come in a new H1B also, so take it easy and look out for a job. people have been jobless for 3-6 months , kept trying and found jobs .

LongLongAgo
 
mac_addict said:
I'm actually new to this forum so pls bare with me.

I actually got laid off mid-Nov this year and has tried applying to other jobs to no avail. I've read on other posts that I need to transfer my h1b with the shortest gap possible. How short are we talking about? I've been unemployed for 1 month already.

What are the restrictions if I end up going back to my homecountry? Do I need to apply for a change of status to a tourist visa so that I don't have to do it in my homecountry? Or can I just leave the US and hopefully apply for a tourist visa in my homecountry? If I do decide to go home, when should I leave the US? If I try to re-enter the US again in the next few years, will I be having trouble getting in/getting another visa due to my h1b cancellation?

Any response is appreciated. Thanks!
Has your old employer filed for cancellation of H1 ? If not you are still good but more than 30 days gap can cause issues with pay stub at INS

Get a job and apply for H1 transfer in premium processing.

You can not stay in U.S fro more than 180 after your H1 is cancelled and no new H1 is filed before that.
 
Bigbang2001, thanks for the reply. My former company actually sent a notice to immigration to terminate my h1b last Jan 17th, 2006. My new employer sent my application for h1b transfer only this week, Jan 27th, without premium processing. I'm becoming really worried about this. Does this mean that my transfer application will be rejected?
 
Did you get any answer for your H1 petition?

I am in the same boat, did you get any answer for your H1 petition?
 
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