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Laid off and H1 help

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  • Laid off and H1 help

    I've been laid off early June from my company and I am on a H1B ending around october this year. As far as I understand, I have 60 days to find a new position elsewhere. I am in the process of finding an offer and would like to understand my options if I am not able to find one. Here are the questions I am having to work with:
    1) Is there a way to extend the 60 days to any longer by any procedure? What would be my option if the 60 days deadline ends and flights to India are not open yet?
    2) If I am not able to extend/find a position in 60 days, What would be my best option to stay back in the states? A visitor visa?
    3) How likely is the approval for a visitor visa? Am I still allowed to apply and look for positions being on a visitor visa?
    4) Any other options or technicalities I am missing that I should be knowing that I am not aware off?

  • #2
    1) Is there a way to extend the 60 days to any longer by any procedure? What would be my option if the 60 days deadline ends and flights to India are not open yet?
    >>> No. If you find a position within 60 days and apply for a H1 transfer and receive the acknowledgement receipt from US, you may start working asap without having to wait for the approval notice.
    If you find a position after 60 days, you will need to wait for the approval notice before you start working (file premium to cut processing time)

    2) If I am not able to extend/find a position in 60 days, What would be my best option to stay back in the states? A visitor visa?
    >>> Don't wait for the 60 days to end. You should apply for a change of status to Visitor Visa (B) at the earliest. Then, you can continue looking for a job while staying legally in the US. This significantly cuts the risk of future H1 denials

    3) How likely is the approval for a visitor visa? Am I still allowed to apply and look for positions being on a visitor visa?.
    >>> Just apply. The approval itself takes months. In the meantime, you find another job and apply for an H1 transfer (which will supersede the visitor request)

    4) Any other options or technicalities I am missing that I should be knowing that I am not aware off?
    >>> Apply for COS to B2 at the earliest
    Opinion only. Cannot be construed as legal advice.

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