illegal stay after H1B terminated

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komal123

Registered Users (C)
I would like to know, does an H1B immigrant become illegal the day the company that laid-him-off notifies INS or the day INS cancels his H1B visa ?

Thanks,
 
I believe that his h1-b is no longer valid the day his company let him go. I would suggest that he make plans to leave the country as soon as possible if there are no opportunities for him in the immediate future.
 
A person on H-1B is out of status the day he/she is laid off. But he/she is not illegal if I-94 is still valid.

Find another job as soon as possible, BCIS ususally overlook small status gaps (say one month). If the out of status period is too long, most likely BCIS will approve the H-1B petition but require the person to go back to home country to get visa stamped and reenter with a new I-94.

Another option is to change from H-1B status to F1, F2, H4, B2 to remain in the USA until find another job and do a status change back to H-1B.
 
A person on H-1B is out of status the day he/she is laid off. But he/she is not illegal if I-94 is still valid.
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If you are not in a valid legal immigration status, you are illegal. I-94 is valid only as long as you are employed.
 
Out of status is different from unlawful presence. The laid off H-1B is out of status as long as: 1. H-1B has not been revoked by employer yet. 2. I-94 has not expired. Out of status period is not counted toward 3/10 years bar.
 
Does it mean that LCSilence is correct ?

There might be a lot of laid-off H1B holders staying in USA until they get a new job. They can request their previous employers to not revoke the petition & keep on trying for new job. Seems like a loophole in the immigration law... I guess if USA doesnot need someone for employment, he sould not be allowed to stay without work... You know empty mind is devil's workshop....

Just trying to reach to the facts & reality so that someone can be really safe rather than live in false assumptions & face legal hassle from BCIS later on...
 
There is still risk if laid off H1B remain in USA being out of status. If BCIS find out, that person would be deported. The safer bet is either find another sponsor within one or two months; or change to another nonimmigration status while looking for a job.
 
1) I just got layoff from my company and some people told me that I have 10 days to leave the country. Others tell me that I have 30 days. And still, others say that I have 180 days.

2) Some say that I have to fille for a change of status so that I can stay in the US for more than 10 days. Maybe change my visa to a B1. How do I do that?

3) I am planning to pack everything and leave the country by the 1st week of August, do I still have to adjust my status?

I also have my I-130 (GC petition thru my parents) in process. Does that gives me the legal status to stay here?

Thanks,

Rob
 
1) I just got layoff from my company and some people told me that I have 10 days to leave the country. Others tell me that I have 30 days. And still, others say that I have 180 days.

-- According to law, you are out of status the day you are laid off, no grace period.

2) Some say that I have to fille for a change of status so that I can stay in the US for more than 10 days. Maybe change my visa to a B1. How do I do that?

-- Submit a form I539(change of status to B1) to INS with the reason why you want to stay here, financial support etc as soon as possible.

3) I am planning to pack everything and leave the country by the 1st week of August, do I still have to adjust my status?
-- No. But if INS finds out you are out of status, you need to leave right away.

I also have my I-130 (GC petition thru my parents) in process. Does that gives me the legal status to stay here?

-- If you have filed I485 with I130, you are authorized to stay in USA as long as the decision is pending. Meanwhile you can file I765 to get EAD to work legally.

-- Please talk to an immigration lawyer as soon as possible. From what you posted here, it seems you have options.
 
Originally posted by Robsri
1) I just got layoff from my company and some people told me that I have 10 days to leave the country. Others tell me that I have 30 days. And still, others say that I have 180 days.

2) Some say that I have to fille for a change of status so that I can stay in the US for more than 10 days. Maybe change my visa to a B1. How do I do that?

3) I am planning to pack everything and leave the country by the 1st week of August, do I still have to adjust my status?

I also have my I-130 (GC petition thru my parents) in process. Does that gives me the legal status to stay here?

Thanks,

Rob
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Sorry to hear that, robsri.

Technically you have no time but BCIS wil consider 10 days as reasonable to pack up and leave. If you are planning to leave by Aug 1st, It is not worth the trouble applying for COS. If you plan to stay longer and want to change status, file form I-539.

If your GC petition is based on your parents being US citizens, you should also apply for I-485 immediately (if not done so already). If your parents are green card holders, you are out of luck and a filed and pending I-130 offers no status for you unless your priority date is current and you are eligible to file I-485.
 
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