How Many Days Will Be Allowed To Stay In Us After H1 Cancellation

H

hyd66

Registered Users (C)
One of my friend laid off yesterday and his employer says they are going to request INS to cancel his H1 visa. In the present situation, it may be very difficult for him to get job immediately. He is in the confusion that, how many days stay in US would be ok as per law without job. He has another H1 also which will be valid up to 1 more year. His case is like this--
   He got H1 with company A in Jan 2001 and valid upto 2003. Moved to company B in Feb 2001(within 1month), got H1 transfer to B. But company A not cancelled his H1. He got lay off from company B yesterday and they are going to cancel his H1. What are his options to stay legally in US? Can he stay with company A H1? he is not getting pay stubs from A since 1year. If he get job after 4,5months and try to get H1 with new company, does it under H1 transfer or new h1? Will he need pay stubs for H1 transfer?
    Please post your suggestions.
 
No Title

I believe as soon as he applied and got his H1 visa with Company B, his old H1 visa (with Company A) became void.
 
No Title

To the best of my knowledge, one can have two valid H1 at the same time. But I do not know how it works.

Your friend is in a gray area now. He lost legal status from the day s/he was laid off. immigration.com has a lengthy FAQ about H-1B.
 
Your friend needs to be careful

Technically the day you are laid off under H1 then you are no longer H1 and are out of status and must leave the country. The Murthy link above makes it ok if you transfer back to company A before you get laid off. Even then the catch is company A would have to pay wages for your friend. Unfortunately it seems your friend is already laid off so would not be able to do this anyway.

Under H1B you cannot not get paid for extended periods of times. You have to continue working. Thing was INS and lawyers kind of took a liberal veiw on people being H1Bs being laid off. Recently accordinng to AILA INS is going to institute a "zero tolerance" policy for thos ethat fall out of status. Don\'t mean to scare you or your friend but this is the way it is.

Only thing your friend can do right now to try and maintain a legal status is get an employer that will file an H1 transfer immediately.
 
Accordiing to this example - No Problem

One of my friends example..
He joined a company "A" in 1998 (begining).. worked with "A" until Jan 2001.. His labor was applied for GC..(with A).. He got valid H1 from "A" until 2002 ending.
He left that company and joined "B" full time.. and after few months.. he got layed off.. then joined "C" worked for 3 months and then got layed off..
In this mean time..His Labor got cleared from "A" .. and then He requested company "A". He accepted.. and he continued his GC.. with "A" He is now paid by Company "A" and he got his FP done (VSC).. He crossed 180 days this week.

Hope this info will help you..

KVNR
 
Info on Status

My friend\'s lawer told this.

If you mail on application requesting to issue bussiness visa on the same day of layoff, INS issues 6 month visa to find another job.
In that case there will not be any problem while transfering the H1
if you get a job. Usually INS ask recent Pay stup while transfering
H1. If you have got business visa then it will be easy to transfer H1 if you get job with in 6 months.

dpkakki
 
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