Project cancelled, employer revoking my H1

[iamalien888]

Hi all,

I have H1B valid until 2012 with a consulting firm.
The project I was working on was doing well until recently when it got cancelled.
Project end date is this holiday season, when hiring is at a low.
Consulting firm could not place me on another project, so they threatened to revoke my H1B and ask me to get B1 visa until I find a new employer to sponsor my H1.

Questions:
1) Will I be out of status after project end date? How much longer can I stay in the US?
2) What are my options if I need more time finding another job / H1 sponsor?
3) Originally I was planning a vacation to my home country to visit my family. So now that I'll be out of a job, what are the implications if I travel outside the US and come back? Will there be any problems if my family visit me instead?
4) Do you advise enrolling in school (student visa) and studying until I find a job / H1 sponsor?
5) If all else fails and I must fly back to my home country, should the consulting firm cover the expenses of my return trip?

Thanks for your informative responses!

[nousername]

Sorry to hear about your situation.. Answers are below:

[QUOTE=iamalien888;2118291]Hi all,

I have H1B valid until 2012 with a consulting firm.
The project I was working on was doing well until recently when it got cancelled.
Project end date is this holiday season, when hiring is at a low.
Consulting firm could not place me on another project, so they threatened to revoke my H1B and ask me to get B1 visa until I find a new employer to sponsor my H1.

Questions:
1) Will I be out of status after project end date? How much longer can I stay in the US? (A) Yes you will be out of status the day you stop getting a pay check. Legally you are not allowed to stay even one day more but this is a gray area. it is advised to maintain legal status at all times. Make sure you do not stay more than 180 days

2) What are my options if I need more time finding another job / H1 sponsor? (A) Try leave of absence without pay. This way you will still be an employee but on leave without pay. This will give you time to look for another project or job.

3) Originally I was planning a vacation to my home country to visit my family. So now that I'll be out of a job, what are the implications if I travel outside the US and come back? Will there be any problems if my family visit me instead? (A) You visiting out is out of question, don't even think about it. If your family had visa then yes they can come in, no problem but if they need visa then during the interview your job question can come up..

4) Do you advise enrolling in school (student visa) and studying until I find a job / H1 sponsor? (A) If money is no problem then sure that is an option. In fact go back to school for some time till the economy picks up. Good time to get more skills.

5) If all else fails and I must fly back to my home country, should the consulting firm cover the expenses of my return trip? (A) Absolutely, by law they are obligated to pay for your return air ticket. (Hope it does not come to that).

Good luck!!

[punjabi]

I would suggest two actions:

1. Take your employer to lunch and communicate to him about your situation, even if he knows already.

2. Look for another job ASAP. Most of us think that hiring is low during holiday season. This is not true. I do not know where you live, but I know at least 4 people in SFO Bay Area who recently switched their jobs. One got laid off on Sep 30th and she already has 2 job offers to decide. And that too in QA.

And if I were at your place, I would forget about making any vacation plans right now.

Do not lose heart. Instead of thinking about it day and night, just flow out your resume left and right.

Good luck.