Hi all.. I was on H1B visa which became active on Oct 2007. I got laid off from my job on March 18th, and my company kept me on payroll until the end of the month. I got a severance package for 2 months, and I requested my company HR a lot to keep me on the payroll and give me my severance as regular pay for next two months so that I can get some time to find another job, but my company denied the request saying that this is not their policy. So as of April 1st, I am no longer on the payroll of the company and so am technically out of my H1B status. Now I have following questions which I need to figure out asap otherwise it might be too late for me to do anything. So I will truly appreciate if you all can help me out in this unfortunate situation:
1) I spoke to my company's lawyer firm, and they told me that I get 30 days after I am out of payroll (which in this case will be until April 30th) to either find another job and transfer my H1B, or wrap my chores such as my bank accounts and everything else and leave the country. But the lawyer firm also told me that they will hold on for sometime before sending the revocation letter to USCIS as I requested them if they can hold it until I get my severance pay. So I think that the lawyer firm has not sent the revocation letter to USCIS yet, and they also told me that they will let me know before sending the letter to USCIS. So does this mean that I still have more time than until April 30th? Do we people on H1B get 30 days after the revocation letter is sent, or is it 30 days after the last day on payroll? And what should I do in this case, should I transfer my visa to a consultant before April 30th, or I can wait for more time if the lawyer firm has not sent the revocation letter to USCIS?
2) My lawyer firm told me that I can apply for a visitors visa (B2) and this will buy me more time. If I want to transfer to visitors visa, my company will pay for it and so the lawyer firm suggested me to do that. They said that even when these days most of the visitor visas for people on H1B is getting rejected, once I file for visitors visa, I can stay in the country until the results of the visitors visa approval or rejection come out. And this usually takes anywhere between 1-2 months, and then after this if the visa gets rejected, then I get 30 more days to leave the country or to find something. So they said that this will buy me more time to look for a job in US. And they said that if my visitors visa gets approved, then I can stay in the country and if I find a job in future and the new company is willing to sponsor H1B, than it is a very easy process to get back on H1B from visitors visa as my same old H1B visa will again be evoked and I will not have to go though any cap restrictions or wait until April for the H1B visa cap to open up and then file. But I am doubtful about this and just want to know that whether this is possible? And if it is possible, then will this arrangement effect me in future if I file for a green-card or anything else?
3) I heard from my friend that it is a USCIS law that the company must give few months to H1B employees to find a job.. But I wasn't given any, and I am not sure if there is actually such a law.. So can someone please tell me if there is any such law to which I can refer and ask my company to give me few months as that would be really helpful as the job market is very very bad these days and I don't know when will I actually find a job.
I will really appreciate if you all can help me out in this. Thanks a ton in advance.
1) I spoke to my company's lawyer firm, and they told me that I get 30 days after I am out of payroll (which in this case will be until April 30th) to either find another job and transfer my H1B, or wrap my chores such as my bank accounts and everything else and leave the country. But the lawyer firm also told me that they will hold on for sometime before sending the revocation letter to USCIS as I requested them if they can hold it until I get my severance pay. So I think that the lawyer firm has not sent the revocation letter to USCIS yet, and they also told me that they will let me know before sending the letter to USCIS. So does this mean that I still have more time than until April 30th? Do we people on H1B get 30 days after the revocation letter is sent, or is it 30 days after the last day on payroll? And what should I do in this case, should I transfer my visa to a consultant before April 30th, or I can wait for more time if the lawyer firm has not sent the revocation letter to USCIS?
2) My lawyer firm told me that I can apply for a visitors visa (B2) and this will buy me more time. If I want to transfer to visitors visa, my company will pay for it and so the lawyer firm suggested me to do that. They said that even when these days most of the visitor visas for people on H1B is getting rejected, once I file for visitors visa, I can stay in the country until the results of the visitors visa approval or rejection come out. And this usually takes anywhere between 1-2 months, and then after this if the visa gets rejected, then I get 30 more days to leave the country or to find something. So they said that this will buy me more time to look for a job in US. And they said that if my visitors visa gets approved, then I can stay in the country and if I find a job in future and the new company is willing to sponsor H1B, than it is a very easy process to get back on H1B from visitors visa as my same old H1B visa will again be evoked and I will not have to go though any cap restrictions or wait until April for the H1B visa cap to open up and then file. But I am doubtful about this and just want to know that whether this is possible? And if it is possible, then will this arrangement effect me in future if I file for a green-card or anything else?
3) I heard from my friend that it is a USCIS law that the company must give few months to H1B employees to find a job.. But I wasn't given any, and I am not sure if there is actually such a law.. So can someone please tell me if there is any such law to which I can refer and ask my company to give me few months as that would be really helpful as the job market is very very bad these days and I don't know when will I actually find a job.
I will really appreciate if you all can help me out in this. Thanks a ton in advance.