H1B Layoff, but I-130 in process

R

Robsri

Registered Users (C)
Hello,

If anybody can help me with this, I appreciate.

Here is my situation:

I current have a H1-B visa.
I just got lay-off yesterday.
However, I have my I-130 (Green Card application) in process thru my parents.

Question:

1) What is the Maximun time that I can stay in the US after my employer sends the letter to the INS? Is it 10 days or 30 days?

2) If I have a I-130 in process, can I wait here in the US? Do I need to apply for a special visa or I can just stay here based on the grounds of my pending application?

Thank You,

Sincerely,

RS
 
Your pending I-130 application DOES NOT give you any additional protection or grounds to stay in the US.
You lose H1 status the day you lose the job, whether or not your employer notifies BCIS. Technically you have no time but a 10 day period is considered enough to pack up and leave. If you have another job lined up you should apply for H1 transfer immediately.
Just remember that BCIS now has a ZERO TOLERANCE POLICY toward immigration status violations.

Originally posted by Robsri
Hello,

If anybody can help me with this, I appreciate.

Here is my situation:

I current have a H1-B visa.
I just got lay-off yesterday.
However, I have my I-130 (Green Card application) in process thru my parents.

Question:

1) What is the Maximun time that I can stay in the US after my employer sends the letter to the INS? Is it 10 days or 30 days?

2) If I have a I-130 in process, can I wait here in the US? Do I need to apply for a special visa or I can just stay here based on the grounds of my pending application?

Thank You,

Sincerely,

RS
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