Got laidoff on H1B.Is there a grace period to leave US?

[sandy123]

Hi,
My Husband is in his 7th year on H1B, But unfortunately he got laid off on June19th.Do we need to leave the country immediately or is there any grace period that they would consider.
I applied for H4 extension on May 4th and it is still pending(my old H4 expired on May 9th).Now that my husband's H1 is being revoked by his employer.How many months will i be out of status if we plan to leave US on July22(that would 33days after my husband is laidoff).
We need that time to settle down things over here.

Can anyone please understand my situation and give us some inputs.Any input is appreciated.

Thanks in advance.

[Subramanya]

My Husband is in his 7th year on H1B, But unfortunately he got laid off on June19th.Do we need to leave the country immediately or is there any grace period that they would consider.
I applied for H4 extension on May 4th and it is still pending(my old H4 expired on May 9th).Now that my husband's H1 is being revoked by his employer.How many months will i be out of status if we plan to leave US on July22(that would 33days after my husband is laidoff).
We need that time to settle down things over here.

Can anyone please understand my situation and give us some inputs.Any input is appreciated.

---- There are only two options if your husband has not applied for a transfer of his H1. The first option is leave the US immediately so that no one accumulates any out of status. The second option is apply for B1/B2 visa to continue staying in the US. Either way be quick and act quickly as you are accumulating time.

---- To apply for B1/B2 consult an attorney as already some days are passed since your husband is out of status on H1.

---- Unfortunately there is no grace period. If you have a heard of a number of days that is only hearsay and rumor

Subramanya

[sandy123]

Thanks a lot for your prompt reply.

My husband is planning to convert to F1. He is applying one university which gives i120 by this week or max next week.

But we are not sure what date my husband's employer intimated H1 termination to INS.He was actually laid off on June19th but they gave 2weeks severence package.

Suppose if they intimate INS ,June19th as termination of H1B and if he applies for I120 this week or next week, are there any chances of getting his F1 rejected??

And what happens to my status, since my H4 extension is still pending,can i stay back and apply for F2 based on my Husband's F1.

please give me your inputs for my questions, that would be of great help for me.

[Subramanya]

My husband is planning to convert to F1. He is applying one university which gives i120 by this week or max next week.

But we are not sure what date my husband's employer intimated H1 termination to INS.He was actually laid off on June19th but they gave 2weeks severence package.

Suppose if they intimate INS ,June19th as termination of H1B and if he applies for I120 this week or next week, are there any chances of getting his F1 rejected??

And what happens to my status, since my H4 extension is still pending,can i stay back and apply for F2 based on my Husband's F1.

please give me your inputs for my questions, that would be of great help for me

---- Yes, you can apply for F2 and continue staying in the US

Subramanya