H1B Termination Help required

[katerahul]

Hello Experts,
I am sure many people might have gone through this scenario and sailed through safely.

Here is the scenario. My current contract is ending next week and my employer is going to inform the USCIS 15 days from now about the H1b Revocation / termination.

QUESTIONS:

1) I have a valid B1 visa, so can I still live in the US? Do I need to apply for a change of status? If yes how many days can I still live here? Typically its 90 Days?

2) How about my wife (H4) and my daughter (Born in US)?

Kindly confirm.

Thanks,
Rahul

[shervin143]

1) I have a valid B1 visa, so can I still live in the US? Do I need to apply for a change of status? If yes how many days can I still live here? Typically its 90 Days?
>>> You should either file for a change of status from H1B to B2 immediately or leave the country and return back in B2 visa. B2 is for tourism and so you will need to prove to USCIS that your primary intention for B2 is purely for tourism and not for searching jobs. A COS from B2 back to H1B will lead to a lot of questions later when you attend the visa interview. So in such case, it is advisable that you leave the country and return back in H1B visa.

2) How about my wife (H4) and my daughter (Born in US)?
>>> No issues with your U.S born daughter. But you need to file a COS to B2 for your wife or she will need to go out of U.S and return back in B1/B2 visa.

[katerahul]

Thanks Bro

Thanks for you expert help.

a) So on what date will I be out of status? The date my job is terminated or the date on which USICS is informed? Coz my HR has informed me that it will take them a week's time to inform USICS after the date of termination.

b) Stupid Question: Worst case, What if I stay back for sometime even after the Out Of Status? Will I get deported? Will I ever get an US Visa? I guess not but just asking... I know I am going crazy...

[shervin143]

a) So on what date will I be out of status? The date my job is terminated or the date on which USICS is informed? Coz my HR has informed me that it will take them a week's time to inform USICS after the date of termination.
>>> The date following your last date of employment is your start of your out of status date.

b) Stupid Question: Worst case, What if I stay back for sometime even after the Out Of Status? Will I get deported? Will I ever get an US Visa? I guess not but just asking... I know I am going crazy.
>>> You can get deported. You may face issues with your future visa stamping, petition & GC process.

[katerahul]

Thanks Buddy

Sherwin,
Thanks from the bottom of my heart & sorry for my stupid questions.

So, lets say my last day of working is 04/22 and my company might inform USICS on 04/29 and I get a job on 04/25 and my new employer files for the H1 Transfer on 04/25. Will that be a problem? Does that mean that he has to file for the transfer before 04/22?

Kindly confirm because I dont see that happening as of now. No interviews scheduled so far. Looking forward to one on 04/20.

Thanks,
Rahul

[katerahul]

One more question

One more question.

Can I ask my employer to give me some bench period where in they dont pay me but just keep me employed?

This way I can buy sometime.

Is it ok to do that from the employer's point of view?

[shervin143]

For the transfer to be successful, it should be filed prior to your last date on your current job. A couple of days of delay in filing is okay.

Sherwin,
Thanks from the bottom of my heart & sorry for my stupid questions.

So, lets say my last day of working is 04/22 and my company might inform USICS on 04/29 and I get a job on 04/25 and my new employer files for the H1 Transfer on 04/25. Will that be a problem? Does that mean that he has to file for the transfer before 04/22?

Kindly confirm because I dont see that happening as of now. No interviews scheduled so far. Looking forward to one on 04/20.

Thanks,
Rahul