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Really confused, after lay-off do I need to leave the US?

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  • Really confused, after lay-off do I need to leave the US?

    I was on H1b visa for company A. valid until June 2010

    Got laid-off on dec 9th 2008.

    Company sent notification of visa termination to USCIS on Jan 31st.

    My latest paystub is dated Jan.16

    I applied for COS to B2, receipt dated Feb. 3

    I recently found company B willing to sponsor me.

    This is when it gets confusing: two lawyers and two USCIS officials told me I can transfer to campany B and start working as soon as they fill a petition since my original h1 has not been revoked yet.

    Today I consulted with an attorney specialiazed in visas who told me I should leave the country right. Since I have been out of status since my termination date. he also said, when i come back if I fill for h1 transfer I will be subject to visa cap since Company was non-profit and company B is profit.

    I'm very confused as to what should I do now...can I apply for H1 transfer since B2 is pending or am I unlawfully present and need to leave country asap?

    I would really really appreciate an answer to this. Thank you very much

  • #2
    You were out of status when you applied for B1 COS if it was after you got laid off (or the last pay stubs date). There is a difference between being out of status and unlawfully present.

    Strictly speaking, I think the specialized lawyer makes sense. He is definitely correct on the H1 cap part if your previous H1 was for cap-exempt employer.
    Check out H1 FAQs first!


    • #3
      Specialized lawyer is the one talking sense.

      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.