urgent - got laid off on H1B and 33 weeks pregnant

[preity01]

Hi

I came to know couple of days back that my contract will be terminated by 30 April 09. My employer is saying that they will wait 10 days and if I could not find anything till then.. they will file for termination of my H1b Status. My problem is that I will be 33 weeks pregnant by 30th April and International Travel is not safe for me and baby. What are my options at this time if I cannot find a job by April end? Do I get any concession on the grace period because of my situation? If I opt for H1 to F1 transfer then am i legal to stay as soon as I initiate the transfer?

Thanks a lot!

 

[poongunranar]

H1-B Laid Off - Options

Hi
I came to know couple of days back that my contract will be terminated by 30 April 09. My employer is saying that they will wait 10 days and if I could not find anything till then.. they will file for termination of my H1b Status. My problem is that I will be 33 weeks pregnant by 30th April and International Travel is not safe for me and baby. What are my options at this time if I cannot find a job by April end? Do I get any concession on the grace period because of my situation? If I opt for H1 to F1 transfer then am i legal to stay as soon as I initiate the transfer?
Thanks a lot!

I am sorry to hear that and can only commiserate. The options are as follows:

1. If you opt for a H1-->F1 transfer, it is not the same as H1-->H1 transfer, because yours involves a change to the "category."
2. There is no grace period because you are pregnant.
3. Try to find a different employer, who is willing to file a H1 transfer. This is the safest thing to do.
4. If you don't get an employer to do that, you will be accumulating out-of-status days to your account. Also, if USCIS would come to know of your status, it can ask you to provide updated details about your status, failing which it can initiate removal proceedings. It is not very likely, but again, it is not unlikely as well. Remember, these days employers are very particular about notifying USCIS of H1-B terminations immediately because of the backlash.
5. If you are not able to find anything, you run the risk of having to deliver a baby without your employer provided health insurance. That is a very dangerous thing.
6. Under prevailing circumstances, if I were you, I will just depart on my own because I don't have to risk insurance hassles. Remember, most airlines allow travel up until 7 days of due-date.

 

[TheRealCanadian]

[*]If you opt for a H1-->F1 transfer, it is not the same as H1-->H1 transfer, because yours involves a change to the "category."

Either way, she's legal while it's pending. But I'd file a COS to B-2.

[*]If you are not able to find anything, you run the risk of having to deliver a baby without your employer provided health insurance. That is a very dangerous thing.

COBRA.

[*]Under prevailing circumstances, if I were you, I will just depart on my own because I don't have to risk insurance hassles. Remember, most airlines allow travel up until 7 days of due-date.

I wouldn't.