Lost job, what are my next options?

[F12H1]

Hello All,
I was informed by my management that my position will be terminated from Sept 19. After reading through the FAQ's and talking to friends and family I got a rough idea as to what my next steps should be. I am listing out my questions as well as what my thoughts are on the same. It would be great if other users can add to it or rectify my understanding of the matter.

1) Am I out of status from Sept 19?
F12H1 - Yes, but typically I still have about 30 days to look for a job and transfer my H1-B. This 30 day period is not official nor is approved by USCIS.

2) What are my next options?
F12H1 - Find another job and transfer the H1-B.
Transfer to a student visa. (F1) (Q - Can I move to a student visa mid-semester, what would be the cost involved and how many days does it take to approve the visa?)
Transfer to a visitor visa (B2) (Q- How many days does it take to approve the visa and what is the cost involved?)

3) If I transfer to either the visitor, what happens to my H1-B? Does it goes in a dormant state and if I get a new job it will be active again?


Any and all feedback appreciated.

Thanks,
F12H1

[F12H1]

Bumping up the thread

Hello All,
Bumping up the thread, any and all responses appreciated.



Thanks,
F12H1

[kabkaba]

Your understanding is correct.
You will first need to obtain admission before applying for change of status to F1.

You can only apply for change of status or H1 transfer before your current status ends (Sep 19). Sometimes USCIS asks for paystubs to prove current status, sometimes they ask for exact date of termination. So depending on what they ask and what you can provide change of status or H1 transfer will get approved.

Another employer can file cap-exempt petition for you at any time. If you are in the US in legal status at that time, the petition can include change of status also.

[happybuddha]

1) Am I out of status from Sept 19?
F12H1 - Yes, but typically I still have about 30 days to look for a job and transfer my H1-B. This 30 day period is not official nor is approved by USCIS.

>Yes. You are out of status. There is no such 30 days from what I know. If you are on H1B and don't have a job, you are out of status.

3) If I transfer to either the visitor, what happens to my H1-B? Does it goes in a dormant state and if I get a new job it will be active again?
H1B is never deactivated or activated. Its a petition and every new employer files a fresh one. The only thing is that you are not counted in the CAP for that year.

>If I was you, I would do this if i were desperate to stay in the US: Immediately start the transfer of h1 to another employer in premium processing, even if it means to pay the premium processing fee yourself.
Although its a risk to start working with another firm just based on receipt notice, in your case you'd have two options. One, is to collect the airline ticket that your employer is legally bound to give you, go to India and have a vacation. Once the transfer is completed, you can fly back with the fresh approved petition, provided your H1 stamp is valid in that period. Second, is to start employment with future employer on receipt notice.
If everything fails become a student, I have heard there are a few unis (which I dont know about) which fill this specific gap. That too is a risk, but it is an option.

[hireitpeople]

1) Am I out of status from Sept 19?
F12H1 - Yes, but typically I still have about 30 days to look for a job and transfer my H1-B. This 30 day period is not official nor is approved by USCIS.

Yes, you will be out of status after Sept 19, 2012 unless you initiate a Transfer or Change Status. There is nothing like 30 Day Grace Period, it's just a Rumor.


2) What are my next options?

Find another job and transfer the H1-B.

Yes, do it right away, Sep 19th is approaching - Even LCA (to file H1B) takes 7 days

Transfer to a student visa. (F1) (Q - Can I move to a student visa mid-semester, what would be the cost involved and how many days does it take to approve the visa?)

May be a good option. Check with schools and I guess getting an admission may not be overnight processs

Transfer to a visitor visa (B2) (Q- How many days does it take to approve the visa and what is the cost involved?)

I do not think you can try a B2 Visa as you are already in US on H1B, you may try for a business visa, if you have legitimate business reasons to stay.

3) If I transfer to either the visitor, what happens to my H1-B? Does it goes in a dormant state and if I get a new job it will be active again?

If you change your status to F1 or B visa, you can always go back to h1b status when you get a job, without being subject to annual cap.The H1B visa allotted to a person will be good for 7 years.

NOT A LEGAL ADVICE, USE AT YOUR OWN RISK