Status of H1-B Visa?? Urgent.Please Help

S

spearhead

New Member
Hello Everyone,

Thanks for taking time to go through this.I will be quick.

I am in H1-B status and my employment was terminated on april1.My last paycheck was on april11. My visa is valid till august2004.My questions:

1) How many days/weeks can i stay in the US in case i dont get a new H1-B sponsor without doing a damage to my status/file.

2)If i stay for 3-4 months after losing my job on H1-B , go out of the country and if i plan to come into US with a new Visa (say f-1 or h1)...will this 3-4 month period of my illegal status have any effect on getting my new visa ?

3) If i get a I-20 from a school in between,can i change into f-1 status and be legal?

You expert advice is greatly appreciated.Thanks Again.Have a good day
 
Answers...

1) Ideally you are out of status from the day you lose your job. However if you do not overstay your I-94 expiry..which I assume is also Aug 2004, you will not be eligible for the 3/10 yr bar.

2) It very well could. Since if you apply for a H1 transfer 3 months from now..and the INS asks for proof of current employment, then you will not be able to provide paystubs . Even if you apply for a new H1/F1..they will want to know both at the application center and at the consulate what you were doing after you lost your job.

3)Yes you can
 
tt tt,

(1) When does the 3/10 year bar start in this case?

(1a) 6 months/12 months from Aug 2004

(1b) 6 months/12 months from the day INS discovers that spearhead was out of status (let us say The D-Day)

If (1b), when does the 3/10-year bar end, 3/10 years from which day - the day of his/her layoff or The D-Day?

(2) If spearhead gets a new H1 and re-enters the US four months from April, what happens to these 4 months in the H1 clock? Does it get deducted from the 6-year life of H1?

(3) If spearhead leaves the US and stays outside for LESS than one year and comes back on F1, what happens to the remainder of the (unused) H1? Does H1 clock get reset in this case?

Fluid
 
well..

3/10 yr bar starts from the staying past the I-94 date..but if you apply for a new H1-H1 transfer the INS can find out about your job less situation and kick in the ban much earlier.

Yes..H1 clock is only for the time you actually stay in the US on H1 status. My B-in-law got a H1 extn after submitting all the plane tickets and passport stamps and I-94 photocopies for the past 5 yrs ..to show that he was out of the country for nearly 5 months.

Nope..you have to stay out of the country..cannot avoid it by switching to another status. ( PS: I got this from murthy.com )
 
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