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H1B_Laid Off June 23, 2015_ Need help to calculate actual time left on visa

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  • H1B_Laid Off June 23, 2015_ Need help to calculate actual time left on visa

    Experts,

    I was laid off today (June 23, 2015) and per my company HR they will run my payroll for this week and following two weeks which is till July 10th (Friday). Below is the information on my 6 year H1B till date and need advice to find out actually how many days I have left on my H1B.

    Company A Start Date : June 21, 2010 (F1 Visa OPT)
    H1B dates per I-797A : December 1, 2010 - November 30, 2013

    Moved to Company B

    Company B Start Date : July 29, 2013
    H1B dates per I-797A : November 8, 2013 - June 16, 2016
    Laid off : June 23, 2015
    Last Payroll date : July 10, 2015

    Vacation on H1B
    3 weeks in May 2011
    3 weeks in May 2013
    3 weeks in September 2014

    Need advice on how many actual days are left on my H1B?
    Is it advisable to move to Visitor Visa to stay in legal status?
    When is the last legal date in H1B status?
    How many days are allowed after I hit my last legal status date on H1B?
    If I get a job after my last legal date or last payroll date, do I have to go out of country or I've legal status to stay in USA and join new company?

  • #2
    Need advice on how many actual days are left on my H1B?
    >>> You just need to add all the days spend in H1B status. To recapture days spent outside U.S (Your vacations), your company attorney need to include additional documents like your entry exit records. But it is possible to recapture the days spent outside U.S while on H1B.

    Is it advisable to move to Visitor Visa to stay in legal status?
    >>> No. First of all the probability of a COS from H1B to B1 getting approved is less. Even if it does, when you want to switch back from B1 to H1B the probability is too low.

    When is the last legal date in H1B status?
    >>> Your last pay date. If your employer pays you until the end of July (Pay slip shows that), then July end is until when you will remain in H1B status.

    How many days are allowed after I hit my last legal status date on H1B?
    >>> None.

    If I get a job after my last legal date or last payroll date, do I have to go out of country or I've legal status to stay in USA and join new company?
    >>> First of all H1B transfer need to be filed. You are allowed to work after receiving the H1B transfer receipt notice. If the transfer gets approved without a new I-94 (for being out of status) or if it gets denied, then the time you have spent in U.S working for the new employer will be treated as unauthorized work. You will be forced to leave U.S immediately if that happens and you will have to return back using a valid H1B visa and a valid H1B approval notice (In case of approval coming without a new I-94) to continue working for the new employer.
    Not a legal advice. Use of this information is strictly at your own risk.

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