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laid off on H1B with 2 months grace period ending

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  • laid off on H1B with 2 months grace period ending

    Hi Friends!
    I recently got laid off from my company on 03/31/17. I still have no luck getting a new job. Considering 2 months grace period, I have only 9 days left. After talking to few friends and a lawyer, I can think of these few options to maintain my status here. I would really appreciate your advice on these options or if you can suggest any other options.

    my visa status: I140 approved (priority date is July 2012)

    Option 1: I asked my company to give me sabbatical for 4 months. which they approved. So, one I find a new job, I can just do a normal h1b transfer. One problem could be, my H1B transfer can still be denied as I am still in the US on sabbatical.
    Please advise if this is still a good option? I am thinking to travel outside us on 06/01/17 and comeback after 2 months to avoid any sabbatical related questions (as I will be outside us for 2 months)

    Option 2: I might get an offer from a tech consulting company but they need to file h1b transfer with consular processing. But I have to go outside us to get new stamping, which may be risky.
    Please advise if there is any issue with visa approval in this case?

    Option 3: I leave us to and keep looking for a job. Once I get something, a company will transfer my h1b. and I can't come back until it gets approved. As there is no premium processing, it could take 4-6 months.
    Please advise on when can I come back to us? and how? (on b2 or h1B)

    Option 4: change my status to B2 and once I get a job change it back to H1B. but I heard that B2 can still take 3-4 months to get approved.
    Please advise if I get a job next months while my B2 is under process, can I still apply for H1B transfer and stop B2? or what is the process to get B2 and then change it to h1b once I get a job.

    Thank you all for your time and help! I really appreciate it.

  • #2
    Originally posted by jank001 View Post
    Hi Friends!
    I recently got laid off from my company on 03/31/17. I still have no luck getting a new job. Considering 2 months grace period, I have only 9 days left. After talking to few friends and a lawyer, I can think of these few options to maintain my status here. I would really appreciate your advice on these options or if you can suggest any other options.

    my visa status: I140 approved (priority date is July 2012)

    Option 1: I asked my company to give me sabbatical for 4 months. which they approved. So, one I find a new job, I can just do a normal h1b transfer. One problem could be, my H1B transfer can still be denied as I am still in the US on sabbatical.
    Please advise if this is still a good option? I am thinking to travel outside us on 06/01/17 and comeback after 2 months to avoid any sabbatical related questions (as I will be outside us for 2 months)

    Option 2: I might get an offer from a tech consulting company but they need to file h1b transfer with consular processing. But I have to go outside us to get new stamping, which may be risky.
    Please advise if there is any issue with visa approval in this case?

    Option 3: I leave us to and keep looking for a job. Once I get something, a company will transfer my h1b. and I can't come back until it gets approved. As there is no premium processing, it could take 4-6 months.
    Please advise on when can I come back to us? and how? (on b2 or h1B)

    Option 4: change my status to B2 and once I get a job change it back to H1B. but I heard that B2 can still take 3-4 months to get approved.
    Please advise if I get a job next months while my B2 is under process, can I still apply for H1B transfer and stop B2? or what is the process to get B2 and then change it to h1b once I get a job.

    Thank you all for your time and help! I really appreciate it.
    Firstly-I hope you found a job?
    I am in the same situation and would appreciate your insight on what you ended up doing? I am thinking another Option 5: Before the 60 day grace period expire go to Canada and continue to job search from there and come back for interviews...would that help in extending that 60 day period?

    Comment


    • #3
      any luck my friend?

      Comment


      • #4
        yes, I found a job after 60 days and we filled h1b. I hope I won't have any issues with h1b approval.

        Going to Canada and searching for job will be harder. I would suggest to talk to your previous employer if they can just give you extension or unpaid leave.

        Comment


        • #5
          Hi jank001,

          Any update on your visa transfer. I'm in a similar situation as yours. My h1b transfer petition has been filed as a consular processing and it has been sent on the 61st day of unemployment i.e 1 day after the completion of the grace period. I am currently waiting for the result of the transfer and thus would want to know if your h1b transfer is completed and if so how long did it take and were there any issues as such.

          Thanks.

          Comment


          • #6
            Originally posted by NewUser105 View Post
            Hi jank001,

            Any update on your visa transfer. I'm in a similar situation as yours. My h1b transfer petition has been filed as a consular processing and it has been sent on the 61st day of unemployment i.e 1 day after the completion of the grace period. I am currently waiting for the result of the transfer and thus would want to know if your h1b transfer is completed and if so how long did it take and were there any issues as such.

            Thanks.


            Hi Jank001,

            I'm running into the same situation as my 60 day grace period is going to be end by 19/12/2017, But I'm still waiting for LCA to get approved, and I think my transfer packet will get ready by 20/12/2017. So I'm sending it one day late. Did you face any issue with your transfer process.


            Thanks,
            Teja

            Comment


            • #7
              No options, you have to leave US. Its sad.

              Comment


              • #8
                H1B Transfer Application 60 day grace period

                Originally posted by NewUser105 View Post
                Hi jank001,

                Any update on your visa transfer. I'm in a similar situation as yours. My h1b transfer petition has been filed as a consular processing and it has been sent on the 61st day of unemployment i.e 1 day after the completion of the grace period. I am currently waiting for the result of the transfer and thus would want to know if your h1b transfer is completed and if so how long did it take and were there any issues as such.

                Thanks.
                Hi NewUser105,

                what happened with your case ? Can you please explain ? I am in the same boat as you were. I am not sure if my H1B Transfer application will reach the USCIS before the end of the 60 day grace period.
                Any help would be greatly appreciated.
                Thank you.

                Comment


                • #9
                  Originally posted by jank001 View Post
                  yes, I found a job after 60 days and we filled h1b. I hope I won't have any issues with h1b approval.

                  Going to Canada and searching for job will be harder. I would suggest to talk to your previous employer if they can just give you extension or unpaid leave.
                  Were you still in US when you found the job after 60 days? or did you go out of US to be not in 'out of status' ? Do you get any more grace period if your LCA is in progress and is to be approved after 60 days ? Please share your insights.

                  Thanks!

                  Comment


                  • #10
                    Need help h1b transfer

                    Hi guys,
                    I got laid off on 2/1/208. I just found a full time job with a start up. They have hired lawyers and process will start soon. Can someone please tell me how much time will it take to get the receipt notice? Any kind of response will be much appreciated.
                    Thanks

                    Comment


                    • #11
                      Need help on 60 days grace period

                      Hi,
                      -I am currently out of employment and last day of my previous employment was 12/07/2018 and am on 60 days grace period, as of today its been 41 days and it ends by 02/05/2019
                      - My previous employer has revoked H1B-I797 on 01/15/2019.
                      - I have my visa stamped on my passport and my I94 is valid till 11/06/2019
                      - I have my I140 approved and stayed more than 180 days with employer
                      - I got an offer and working on H1b transfer

                      Questions,
                      1. Should the H1b transfer need to filed or I should join the job before 60 days?
                      2. If its just filing, Can I join the job even after 60 days completed?
                      3. If we file for H1b transfer will it be counselor processing by default?

                      Thanks

                      Comment


                      • #12
                        H1B Laid Off

                        Hello everyone,

                        Recently my company did massive lay-offs and I was engulfed in it. I am currently on an H-1B and my GC was filed in October, 2018 (Haven't received I140 yet). My employer will revoke my H-1B in 2 weeks. How much time do I have after that as I am actively looking for a job. Can I hire an external attorney to take over my GC process? Also, what should I do in the mean time? Should I apply for a B2 Visa?

                        Please if anyone has an answer let me know so that I can start acting on it quick.

                        Regards,
                        Sanchit

                        Comment

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