Urgent:: help regarding layoff

S

sunny2002

Registered Users (C)
hi,
I got laid off this week. I read through various material regarding
when a H1 person gets out of status on being laid off.
I was told after 10 days one will be out-of-status.

I spoke to the company HR and Lawyer they feel that the best
option now is to apply for B1 rather than go out of status.

but i read other discussion threads which mention that people
with 60 days of out-of-status could get the H1 transferred.

So what is the best way out?
Gurus, do you think I should tranfer my visa any my wifes visa
to B1 and look for a job?

do let me know..
thanks in advance.
 
Problem with B1 visa, is that you have to do a B1 to h1 again when you find a job. You cannot join the new job until H1 is approved again. If you think you will be ready to shell out $1000 bucks additional for Premium processing and the client/new employer will be ready to wait 10-20 days, you can do B visa.
 
thanks for the reply.

I have 3 questions:
a. when does one get out of status - when one loses job
or when the company contacts INS and cancels the H1.

b. the company lawyer mentioned that even though I convert
to B1 the previous H1 is still valid and a transfer can be done
from the previous H1 to the new company. Is this true?

c. if converting B1 to H1 is an issue can i remain in this limbo
status for some more time? how long? what is the best way
out?

please reply at the earliest..
thanks
 
Answers

You are out of status the day you loose your job.(Has got nothing to do with your company notifying the INS).

As far as my understanding goes, once you obtain the B1 visa you loose your H1 status. To get back to the H1 status you will have to reapply for the H1.

Yes, your are right. People have been able to successfully get their H1 visas transferred even after being out of status for 2 , 3 or even more months. It depends on how your attorny prepares and presents the case (and to some extent your luck).

It is a question of how comfortable you are being in this 'out of status' situation and how soon you think you can find a new job. There are risks involved no matter what route you take (i.e. converting to B1 V/s staying out of status for a few weeks). You have to weigh those risks and take a decision.

The best way out?? Find a job !! Find a job soon !!!!

Tim
 
Tim's right of course. You go out of status the day you lose your job but you do not accumulate overstay until INS has knowledge of your illegal status, that means cancellation or expiration of the H-1 status. Overstay is the fatal mistake since 180 days of overstay triggers a 3 year bar on reentry to the US.

BTW, I wouldn't count on what people were able to do in the past. INS has changed policies drastically in the past year and things that were a non-issue 18 months ago may be insurmountable problems now.
 
Tim and Jim,
Thanks for the reply it cleared lot of doubts.

So based on your reply, my interpretations are:

a. If my company will be notifying INS in 6 weeks I can stay in US until that legally.

b. Once INS is informed if i dont have an new H1 filed by that
time I need to leave the country.

Let me know if these statements are right?

thanks.
 
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