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Reg. maintaining H1B status

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  • Reg. maintaining H1B status

    My friend is currently working on H1B visa with company X as a direct employee, ie not through consultancy. Now it looks like company X is laying off the people with 2 weeks of notice.

    So my friend is planning to attend interview and try for a new job as a full time employee in next 2 weeks. He may get his new job in this month or there may be a delay in getting a suitable job. But my question is that will his H1B status valid ie maintained during this period of job search, as the current employer in the I 797 may no longer be his employer during the job search period.

    Or is it recommended to join in a consultancy in order to maintain the H1B status and try for the new job through consultancy.

    Your advice is greatly appreciated.

  • #2
    There is no grace period after lay off. The day your friend loses his job or before, he should ideally apply for an H1 transfer OR COS to another status like B2. The latter option buys time in finding a decent job. Avoid the consultancies if possible.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      Thank you for your reply.

      My friend's spuose is on L1. So my friend can change his staus to L2. Please let me know the COS for my friend from H1 to L2 can be applied by his spouse or it should be done through his spouse' employer. Please also let me know if it needs to be done through attorney or it can be done by themselves like downloading,filling the required forms and sending it to USCIS with the required fee.

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      • #4
        Dependent COS can be applied by the primary without employer involvement. You can do it yourself if there exists patience to read and do some research and spend time.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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