H1b Lay off (very urgent please help)

R

ratans

Registered Users (C)
Hi,
I am a new member here. I am looking for urgent help for my friend. He was laid of nov. 05,2003 but still get his pay check up nov 21,2003. unfortunately his H1b expired on oct1, 2003. his off applied for extension for another 3 yrs. in the middle of the processing he got laid off. Now what will happen to him? how long he can stay here in US. If he gets a job within 1 month mean within dec.21 can he apply for H1b extension or he has to leave the country? his wife is studing full time as H4 status. her exam will finish after december 21st. he doest want to convert his wife's visa into f2 bcz he will go to canada for landing as his landing visa expire on january 27, 2004? so he wants to know how he can stay here for a new job so that INS may approve their H1b transfer? is their any standard practice for INS?
if some help him it would be great.
 
There are no standard practice. The zero tolerance policy has been relaxed. Will the company cancel the h1 extension already with USCIS? If not he can get a job with another company. If they cancel, then he(and his spouse) is accumulating illegal status time, which if exceeds 90 days USCIS insists that you get a I94 from a POE. If it exceeds 180 days, you will be deported and might be subject to a 3yr ban.
 
hi jaxen,
Thank you for ur information. my friend will get his pay check up to nov 21st and the company told him they will not notify it in near future. then if he gets a job within 30 days after his official pay check can get his H1 transfer for another company? or he will have to apply for new H1b for another employer? thanks once again for ur reply.
 
hi jaxen and jaxen2 please help

Hi Jaxen2
thanks for reply. My friend got a job but his new employer are asking that if they file a pettion for H1b transfer when he can start to work. my question is....

1. my friend's 1st 3 yrs h1b experied on oct1, 2003. his old company filed a pettion for another 3 yrs on aug. in the middle of the pettion the old compay laid off him on nov 5 th. but he got his last pay check on nov. 21. Can his lawer apply for H1b transfer?
2. when he can start working in the new company?
3. is there any problem to get his H1b transfer as his h1b expired on oct 1 though he was employed untill nov 05th and got his last pay check on nov21st?
 
This is a "bridging" question that actually gets quite complicated. Basically, if the H-1 extension that is currently pending is approved, the person can obtain a new H1 visa from a new company, even if the application is filed while the first extension is pending. However, if the extension is cancelled or denied, the alien will be considered to have been out of status since the I-94 expired. Any illegal presence in the US will almost certainly prevent a change of status or extension of status since at the time of filing there was no legal status to change or extend. 180 days of illegal presence triggers a MANDATORY 3 year bar on reentry to the US and if the illegal presence reaches 365 days or more the mandatory bar increases to 10 years. Any alien that is illegally present in the US is subject to removal (deportation) regarless of how long the alien has been illegally present.
 
This is a "bridging" question that actually gets quite complicated. Basically, if the H-1 extension that is currently pending is approved, the person can obtain a new H1 visa from a new company, even if the application is filed while the first extension is pending. However, if the extension is cancelled or denied, the alien will be considered to have been out of status since the I-94 expired. Any illegal presence in the US will almost certainly prevent a change of status or extension of status since at the time of filing there was no legal status to change or extend. 180 days of illegal presence triggers a MANDATORY 3 year bar on reentry to the US and if the illegal presence reaches 365 days or more the mandatory bar increases to 10 years. Any alien that is illegally present in the US is subject to removal (deportation) regarless of how long the alien has been illegally present.
 
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