H1B Termination - Grade Period to transfer or leave US

satynos

New Member
I lost my job in Jan 2009 and converted to H4 (my wife is on H1). Yesterday she was informed her that today would be her last. How many do we have to leave US? I read in several forums that there is no stipulated time frame established by INS between the last day of legal status (which would be today) and the day we leave the country. As it is impractical to leave immediately, should 3-4 weeks be fine? We are thinking of leaving around the mid of December, would that be OK? I mean should this affect any future immigration?

Also funny thing is, I started getting interviews this week (after almost an year) and looks promising. What if I get selected in this one month (between today and mid of December), will that pose any problems if I send my application for H1B (as technically we are considered out of status, isn’t it?)? Do you suggest that my wife should request her employer to run a $0 payroll until the mid of December or cancel her H1B in the mid of December? Or is it good to apply for B1? And how hard it is transfer from B1 to H1B?

I would really appreciate your feedback on how best this situation be handled.
 
Contrary to popular belief, there is no relief period. As soon as your wife is off the payroll, she is no longer in H-1B status and needs to leave. Practically speaking, staying on for 3-4 weeks should not be the end of the world. If she can be on "leave" for the next few weeks and then officially be let go, you both might be okay.

How many do we have to leave US? I read in several forums that there is no stipulated time frame established by INS between the last day of legal status (which would be today) and the day we leave the country. As it is impractical to leave immediately, should 3-4 weeks be fine?
Also funny thing is, I started getting interviews this week (after almost an year) and looks promising. What if I get selected in this one month (between today and mid of December), will that pose any problems if I send my application for H1B (as technically we are considered out of status, isn’t it?)? Do you suggest that my wife should request her employer to run a $0 payroll until the mid of December or cancel her H1B in the mid of December? Or is it good to apply for B1? And how hard it is transfer from B1 to H1B?
 
Thanks for the prompt feedback Triple Citizen. Would appreciate it if you could clarify the following:

Scenario A: If her employer grants her leave of absence for 1 month, she it technically on H1B and so if I get a job offer in this one month there shouldn't be any problem for my transfer from H4 to H1B. Am I correct?

Scenario B: If her employer, for whatever reason, couldn't give her the leave of absence option, and states that today would be her last day, then we are technically out of status starting today, I do understand that it is not the end of the world to stay 3-4 weeks to take care of the belongings and leave US for good. But what are its implications on (1) for future immigration in case if we want to apply for H1B after going back to our home country. Will this 3-4 weeks out of status could be the reason for immigration denial (2) if I apply for H4 to H1B transfer within these 3-4 weeks, will this out of status be grounds for visa denial?

Scenario C: Is there any scenario C at all?

Thanks in advance.
-Satynos
 
Scenario A: Correct

Scenario B: I really do not see a duration 3-4 weeks of being out of status denying you all future immigrant/non-immigrant visas.

Scenario C: You both applying for change to B-2 and if granted, using 6 months to look for H-1B jobs.

Scenario A: If her employer grants her leave of absence for 1 month, she it technically on H1B and so if I get a job offer in this one month there shouldn't be any problem for my transfer from H4 to H1B. Am I correct?

Scenario B: If her employer, for whatever reason, couldn't give her the leave of absence option, and states that today would be her last day, then we are technically out of status starting today, I do understand that it is not the end of the world to stay 3-4 weeks to take care of the belongings and leave US for good. But what are its implications on (1) for future immigration in case if we want to apply for H1B after going back to our home country. Will this 3-4 weeks out of status could be the reason for immigration denial (2) if I apply for H4 to H1B transfer within these 3-4 weeks, will this out of status be grounds for visa denial?

Scenario C: Is there any scenario C at all?

Thanks in advance.
-Satynos
 
Once again thanks for the feedback Triple Citizen:

I just spoke with my wife who just had an exit interview done with their employer. Looks like they are not favorable in granting extended leave of absence. And the funny thing is her HR Manager is pretty confident to say that we got 60 day grace period once they intimate the INS to cancel her H1B. And she got that information from the company attorney. We are going to speak to the company attorney directly.

So the only option left for us is Change Of Status from H1B to B2 (which I believe converts my status from H4 to B2 automatically as I will include my information under the additional applications section of Form i539).

This pops up couple of questions and would appreciate your feedback.
(1) Although we will be submitting one application, we should be receiving two (one for each) I-797A, am I correct?
(2) Is it legal to look for a job under B2 status? I mean there is no way INS to keep track of who is looking for jobs under B2 status. But just wanted to know the legality.
(3) Whats the approval rate for Change of Status from B2 to H1B once I find a job?

Thanks in advance.
 
A1: I am not too sure if you will receive one or multiple NOAs
A2: Yes, it is legal to look for a job while in B-2 status
A3: Sorry, I do not have those statistics

(1) Although we will be submitting one application, we should be receiving two (one for each) I-797A, am I correct?
(2) Is it legal to look for a job under B2 status? I mean there is no way INS to keep track of who is looking for jobs under B2 status. But just wanted to know the legality.
(3) Whats the approval rate for Change of Status from B2 to H1B once I find a job?
 
want to confirm about that information about 60 days grace period

Hi, Triple citizen & Satynos,

satynos, Any update from your side? did you changed your status to B2 ? If yes, have find any job on B2 ?
I am also in same situation, and just want to confirm about that information about 60 days grace period which you got from your wife's office attorney.


Thanks in advance.
 
In order to qualify for an H-1B visa, the applicant must hold at least a Bachelor’s degree and the U.S. position must require at least a Bachelor’s degree. The U.S. employer must agree to pay the H-1B employee at least the prevailing wage earned by similarly employed workers in the area of employment and must make other attestations as stipulated by the Department of Labor. Individuals seeking a U.S. work visa who do not qualify for H-1B status should explore alternate visa options, such as the L-1, or TN visa.
 
Top