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H1B Lay Off

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  • H1B Lay Off

    Hello Friends/Experts,

    I am working with company A on my h1 visa which expires on 12/31/2012 (Company A filed h1b and changed my status from student to h1).

    I am getting lay off on 09/15/2011 from company A.

    1. What are the options I have to work in USA now? I do not want to leave USA.
    2. How much time/grace period do I get to find new employer?
    3. If I am able to find new employer who starts my application for h1, do I have to leave USA?

    Please advise. Your true inputs greatly appreciated.

    Best Regards.

  • #2
    New employer's petition must be received by USCIS before your last day at work.
    This is my opinion and not legal advice.


    • #3

      Is following answer correct?


      What should I do if I know I will be laid off?

      If you have been notified that you will be laid off, but your last day of employment is still a few weeks away, you need to look at your options immediately. Some common approaches are:

      Remain in AOS status if you have a pending I-485, and rely on EAD or H-1B for your next job (Read AC21 for more information);
      Find a new job and have the new employer file for H-1B transfer as soon as possible;
      Change status to a dependent such as H4, L2 or F2, if your spouse is in independent nonimmigrant status;
      Change status to another nonimmigrant such as F1 or B2;
      Return to your home country and start a new career.


      • #4
        They are all valid options.
        Not a legal advice. Use of this information is strictly at your own risk.