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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 08-05-2007, 05:54 PM
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Priority Date
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Jan-06
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I140 Mailed Date
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I485 Mailed Date
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07/17/2007
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phillyag is just really nice phillyag is just really nice phillyag is just really nice phillyag is just really nice
Default On H1b and got laid off !!!

My friend is on H1b visa. She got laid off on friday.
Can someone advise what are her options at this point?
Can she look for jobs?
How long can she remain unemployed before she goes out of status?
Can anyone suggest any consulting group that can help her be on H1b? She is a Business System Analyst.
Her employer, Now Ex-employer, is very cooperative. What can she request them to make sure that she is not in any immigration trouble.

Please advise as she is in a mess and need help badly.
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  #2 (permalink)  
Old 08-05-2007, 06:47 PM
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Feb-03
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qtoask is on a distinguished road
Default

If they laid off, they must have paid all the salary and airticket to country of origin.

what your friend can do now: Ask ex-employer to NOT to Cancel H1B. Find New company and transfer H1B.


Quote:
Originally Posted by phillyag
My friend is on H1b visa. She got laid off on friday.
Can someone advise what are her options at this point?
Can she look for jobs?
How long can she remain unemployed before she goes out of status?
Can anyone suggest any consulting group that can help her be on H1b? She is a Business System Analyst.
Her employer, Now Ex-employer, is very cooperative. What can she request them to make sure that she is not in any immigration trouble.

Please advise as she is in a mess and need help badly.
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  #3 (permalink)  
Old 08-05-2007, 07:25 PM
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cheg will become famous soon enough
Default I agree

I agree with qtoask. Make sure that company doesn't retract H1 petition and that your friend finds a job asap to do a H1 transfer. She has to find a job soon though because doing an H1 transfer will need recent paystubs and she doesn't want to have a big gap of not being in the payroll.

In response to your question: How long can she remain unemployed before she goes out of status?
I believe it is 30 days from the time of termination. My husband who was on H1 was laid-off 4 years ago and it was a good thing I was on H1 as well so he was able to switch to H4 with no problem. Now he is on H1 again and the primary applicant for our AOS. I'm on H4 now after using up my 6 years of H1.

Good luck to your friend!
__________________
Labor Cert Priority Date: February 2005
I-140 Approved: February 2007
Category: EB3 (Philippines)
I-485/I-765/I-131: Received by R. Williams on July 6 @ 9:18 am
I-485/I-765/I-131: Receipt Notice on Sept. 12, 2007
EAD Status: Approved on 09/21/07
Primary Applicant: EAD card received on 09/25/07
Spouse (me): EAD card received on 09/28/07
AP Status for Primary and Spouse: Approved on 10/22/07
Fingerprinting Schedule: 10/12/07 - Done

Last edited by cheg; 08-05-2007 at 07:30 PM.
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