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h1 validation - after am out of job (subramanya respond pls)

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  • h1 validation - after am out of job (subramanya respond pls)

    am working for company a and i have a fear company a may layoff employees (not sure when that happens).
    (a) If that happened, what happens to h1 b visa validity. I have visa valid till 2008.

    (b) I will become illegal the day my company terminates me or I quit. is that true ?

    (C) I heard employer will notify INS that "he is no longer employee with us". INS will terminate h1 visa immediately. So I will lose my h1 b

    (D) is there any grace period i can look for another job even though employer notified INS abt the employees and INS revoked my h1b.

    Pls advice and help needed ASAP

    thanks
    Joyluck

  • #2
    Layoff issues

    am working for company a and i have a fear company a may layoff employees (not sure when that happens).
    (a) If that happened, what happens to h1 b visa validity. I have visa valid till 2008.

    ---- In general the day you are laid of, that is your last day of staty in teh country. If you wish to leave the country you may do so within 10 days as that is an unwritten norm

    (b) I will become illegal the day my company terminates me or I quit. is that true ?

    ---- As written above, it is very true

    (C) I heard employer will notify INS that "he is no longer employee with us". INS will terminate h1 visa immediately. So I will lose my h1 b

    ---- Yes

    (D) is there any grace period i can look for another job even though employer notified INS abt the employees and INS revoked my h1b.

    ---- The best way to handle this issue is to apply for a B1/B2 Visa immediately (almost the next day to continue you legal stay in the US and later on look for a job, apply for H1 transfer (again within 60 days) of layoff while you are in the US. Once you apply for a transfer you can continue staying the US until the petition is approved and then of course start working

    Subramanya

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    • #3
      Subramanya Pls respond

      Appreciate ur suggestions & response..

      I am planning to apply for H1 transfer to another employer the next day

      Say for Eg:-

      I got layoff on friday and planning to apply h1 b transfer to another company b on Monday. Do u think h1 b transfer will be given or it will be rejected ?

      Is that not legal to look for another job within 10 days (grace period) and do h1 transfer, without applying for b1 /b2 visa.

      Any suggestions ..

      Thanks
      Joyluck

      Comment


      • #4
        H1 and layoff

        I am planning to apply for H1 transfer to another employer the next day

        Say for Eg:-

        I got layoff on friday and planning to apply h1 b transfer to another company b on Monday. Do u think h1 b transfer will be given or it will be rejected ?

        ---- Yes, H1 transfer may be granted provided all your other documents are in order

        Is that not legal to look for another job within 10 days (grace period) and do h1 transfer, without applying for b1 /b2 visa.

        ---- Yes, it is legal to seek a job within 10 days without applying for B1/B2. The question is can you do that and get a job. If you can do and are capable of doing it there is nothing like it. Wish you all the best

        Subramanya

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