Help Needed-Urgent - Regd H1 B !!!!

J

janavenkat

New Member
I completed my Masters in the U.S and have been with a company for the last 1.5 yrs on a H1 B visa. I heard about some possible lay offs in the company. I enquired from a lawyer here who says that the visa expires the day the person gets laid off for all practical purposes and he would need to leave the country within the next 10 days.. How far is this true ? My Visa is valid till the mid of next year. Is 10 days all the time u get to apply for the new job ? How long does one get to stay here after being laid off ? What measures does one need to take in such a situation ? Kindly help.. Thanx in advance.
 
Even though your H1B visa might be valid until next year, your H1 status expires the day you lose your job. There is no grace period, not even 10 days. Usually the INS does not bother if you spend 10 days or so to to make other adjustments or leave the country. In these circumstances, one could try to negotiate with the company to wait until you find another job. Otherwise you need to file for change of status. For example if you have a spouse who has an F1 or H1 status, then you can change to F2 or H4. Or maybe you could try to change status to tourist status. If you have filed for green card, then depending on the stage there might be other avenues to try.
 
Re: janavenkat

Unfortunately, what Raj1994 is saying is true. Although you can stay in usa without any status after geting laid off and if you can get next job in very short time period you should be fine (of course with h1 sposorship), otherwise if the gap between two job is 180 days or if you get REF when next time you do your h1 transfer, you might need to go out and get new visa.

I hope this will help.

JB
 
hello janavenkat,

pls tell me if a person who hold a h1B visa of a company but not able to go there as there is no position vacant in US. Can this person go to US using this visa and later find a job in different company. Is this possible.

rgds/nandhu
 
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