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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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  #1 (permalink)  
Old 05-06-2008, 09:14 PM
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Default Need Advice! Laid Off H1-B! Can I apply to B1/B2 and then transfer H1B?

I unexpectedly got terminated from my employment on April 9th. I have received my last paystub on April 16 and will receive my severance paystub on May 7th or May 14th. Am I out of status?

If I am out of status, can I apply for B1/B2 visitor visa, use that to stay in the US and once I find a job transfer my H1B visa?

Has anyone applied for a B1/B2 visa on their own in a situation similar to mine?

Also consider the fact that my 1-94 expiry date is 2011 and that my passport is valid until 2012. The visa stamp on my passport expires on September 30, 2008 and this is because it was the visa stamp for my former old job, which I had left in October to move to this new. Yeah, I only worked there for 6 months until I got terminated - which sucks.

Any advice or help would be greatly appreciated. Thank you in advance for your help.
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  #2 (permalink)  
Old 05-06-2008, 09:29 PM
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Default any advice

Gurus, any advice would be deeply appreciated.... I've searched this whole forum and could not find a thread like this.
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  #3 (permalink)  
Old 05-06-2008, 09:40 PM
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Default

You can search for a new job soon and apply for h1 asap, I think you are safe unless your employer revokes your h1, not sure about your company policy ..

Quote:
Originally Posted by Mariscal8 View Post
I unexpectedly got terminated from my employment on April 9th. I have received my last paystub on April 16 and will receive my severance paystub on May 7th or May 14th. Am I out of status?

If I am out of status, can I apply for B1/B2 visitor visa, use that to stay in the US and once I find a job transfer my H1B visa?

Has anyone applied for a B1/B2 visa on their own in a situation similar to mine?

Also consider the fact that my 1-94 expiry date is 2011 and that my passport is valid until 2012. The visa stamp on my passport expires on September 30, 2008 and this is because it was the visa stamp for my former old job, which I had left in October to move to this new. Yeah, I only worked there for 6 months until I got terminated - which sucks.

Any advice or help would be greatly appreciated. Thank you in advance for your help.
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  #4 (permalink)  
Old 05-06-2008, 09:49 PM
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Default

Quote:
Originally Posted by Mariscal8 View Post
I unexpectedly got terminated from my employment on April 9th. I have received my last paystub on April 16 and will receive my severance paystub on May 7th or May 14th. Am I out of status?

If I am out of status, can I apply for B1/B2 visitor visa, use that to stay in the US and once I find a job transfer my H1B visa?

Has anyone applied for a B1/B2 visa on their own in a situation similar to mine?

Also consider the fact that my 1-94 expiry date is 2011 and that my passport is valid until 2012. The visa stamp on my passport expires on September 30, 2008 and this is because it was the visa stamp for my former old job, which I had left in October to move to this new. Yeah, I only worked there for 6 months until I got terminated - which sucks.

Any advice or help would be greatly appreciated. Thank you in advance for your help.
B1/B2 i think you can only apply from outside USA. Plus once you are into B1/B2 you cant claim back the old H1B for a transfer.

You best bet would be to transer to a new H1B employer.
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  #5 (permalink)  
Old 05-06-2008, 09:50 PM
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Default

Reddy 77, thanks for your reply. I'm not sure if the company has notified the USCIS yet and have not received a revocation notice from either employer or USCIS. They are a small company without too much experience in immigration procedures and I'm like, literally, the 2nd or 3rd person they have sponsored visas for.

Am I am out of status since my termination date or am I out of status once I receive my last paycheck?

Thanks in advance for any advice, I'm really worried about this and I'm in a very tough spot.
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  #6 (permalink)  
Old 05-06-2008, 09:52 PM
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Default Look for another job

Hi,

I would suggest that you start looking for another job. Also do you know if your employer will cancel your H1 after your last day in the office. If yes then request him to wait for few days, if possible, till you can get another job.

If your employer does not cancel the H1 then maybe you can get away with few days of job-less-ness until you find another job and transfer your H1.

good luck.
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  #7 (permalink)  
Old 05-06-2008, 10:10 PM
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Default see if this helps

Quote:
Originally Posted by Mariscal8 View Post
Reddy 77, thanks for your reply. I'm not sure if the company has notified the USCIS yet and have not received a revocation notice from either employer or USCIS. They are a small company without too much experience in immigration procedures and I'm like, literally, the 2nd or 3rd person they have sponsored visas for.

Am I am out of status since my termination date or am I out of status once I receive my last paycheck?

Thanks in advance for any advice, I'm really worried about this and I'm in a very tough spot.
If you are under 6 years of H1 use, it is possible to recapture H1 and transfer at any time during the fiscal year. For over 6 years, please consult an attorney.

Instead of transferring to B1/B2 which USCIS may deny. Transfer to F1 if possible.

Most employers revoke H1. Else they risk paying you money in future. If your employer has paid you severance package, I think he will report H1 cancellation to USCIS
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  #8 (permalink)  
Old 05-06-2008, 10:39 PM
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Default

Thanks everyone for your replies, I really appreciate it.

To answer your questions: yes, I am looking for a job but it will take me longer than expected to find a new one. Thats why I want to change to a B1/B2 visa, so I can keep on looking for a job and not be "out-of-status".

I have only used my H1B visa for 3 years and thus I am under the "6-year" limit. Does this mean I can transfer it any moment this year or in the upcoming years even I go abroad and return?

I'm not sure my company will notify the USCIS, but they have made me sign a severance agreement, so they probably might do so. The probability on them failing to notify the USCIS is high, since they are so disorganized and they might feel comfortable assuming that the severance agreement takes care of me not suing them in the future.

Does anybody know a good immigration attorney I can consult on this matter?
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  #9 (permalink)  
Old 05-06-2008, 11:07 PM
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Default

Yes, you can apply for B1/B2 from H1B. I did same when I laid off previously. Alternatively you can transfer H1B to some company.

Quote:
Originally Posted by Mariscal8 View Post
I unexpectedly got terminated from my employment on April 9th. I have received my last paystub on April 16 and will receive my severance paystub on May 7th or May 14th. Am I out of status?

If I am out of status, can I apply for B1/B2 visitor visa, use that to stay in the US and once I find a job transfer my H1B visa?

Has anyone applied for a B1/B2 visa on their own in a situation similar to mine?

Also consider the fact that my 1-94 expiry date is 2011 and that my passport is valid until 2012. The visa stamp on my passport expires on September 30, 2008 and this is because it was the visa stamp for my former old job, which I had left in October to move to this new. Yeah, I only worked there for 6 months until I got terminated - which sucks.

Any advice or help would be greatly appreciated. Thank you in advance for your help.
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  #10 (permalink)  
Old 05-07-2008, 09:29 AM
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You should wait for about a month( or less to be safe) and try to get a new job and transfer your H1B. If no dice, then apply for a change of status to B1/B2. Your application will probably get denied but it will give you at least 3 or 4 months more to look for a new job and keep you in valid pending status in the meantime. Once you get a new job, you can apply for a new H1B, cancel your pending B1/B2 application (make sure you do that though) and hopefully, seeing that you were in status, the USCIS will also issue you a new I-94 so you won't have to go out of the country.
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  #11 (permalink)  
Old 05-07-2008, 10:01 AM
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Default i had same situation...

Quote:
Originally Posted by Mariscal8 View Post
I unexpectedly got terminated from my employment on April 9th. I have received my last paystub on April 16 and will receive my severance paystub on May 7th or May 14th. Am I out of status?

If I am out of status, can I apply for B1/B2 visitor visa, use that to stay in the US and once I find a job transfer my H1B visa?

Has anyone applied for a B1/B2 visa on their own in a situation similar to mine?

Also consider the fact that my 1-94 expiry date is 2011 and that my passport is valid until 2012. The visa stamp on my passport expires on September 30, 2008 and this is because it was the visa stamp for my former old job, which I had left in October to move to this new. Yeah, I only worked there for 6 months until I got terminated - which sucks.

Any advice or help would be greatly appreciated. Thank you in advance for your help.

Nothing to worry, you are not out of status as employer has not mentioned you that they will cancell your H1B. Termination from company is very common when company don't want to keep someone. Generally company informs employee if they will terminate H1, and Desi company don't terminate H1 as per my experience.

You need to transfer your H1 to another company ASAP, because USCIS need latest paystubs to transfer H1.
I had same situation before a 4 years and i had immediately transfered to another company.
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  #12 (permalink)  
Old 05-07-2008, 11:12 AM
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Default 60 days from termination

From the date of termination you will have 60 days to find a new employer and apply for H1 B , so first thing you should do find a job or find an employer who is willing to file H1.

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  #13 (permalink)  
Old 05-07-2008, 11:37 AM
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Technically you are out of status once you are laid off.

If your employer does not revoke your H-1b, he is required to pay you as long as you are on H-1. For this reason, employers will usually revoke H-1b immmediately. You have to get your H-1 trasnferred ASAP as previous paystubs are required for transfer and the more you delay, the more complicated it becomes.

Changing to B-1 is not easy. And even if that happens, that may cancel your H-1b which will make it impossible for you to transfer that H-1b.

Instead of relying on forums, pay up and get the advice of a good attorney.
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  #14 (permalink)  
Old 05-07-2008, 12:27 PM
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Default Good Immigration Lawyer

Quote:
Originally Posted by Mariscal8 View Post
Thanks everyone for your replies, I really appreciate it.

To answer your questions: yes, I am looking for a job but it will take me longer than expected to find a new one. Thats why I want to change to a B1/B2 visa, so I can keep on looking for a job and not be "out-of-status".

I have only used my H1B visa for 3 years and thus I am under the "6-year" limit. Does this mean I can transfer it any moment this year or in the upcoming years even I go abroad and return?

I'm not sure my company will notify the USCIS, but they have made me sign a severance agreement, so they probably might do so. The probability on them failing to notify the USCIS is high, since they are so disorganized and they might feel comfortable assuming that the severance agreement takes care of me not suing them in the future.

Does anybody know a good immigration attorney I can consult on this matter?
I was in the same situation couple of years ago. I got B1/B2 and then used the H1B transfer when I found another employer. Here is the name and address of my lawyer.

Sharon AmesAmes Immigration
472 South Salina Street, Suite 501
Syracuse, New York 13202
cell 315-559-4266

What is your citizenship?

If you want more details email me @ snakesrocks@hotmail.com
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  #15 (permalink)  
Old 05-07-2008, 12:36 PM
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Default Recommend you transfer to H1b

Hi

I would say that you find another job and transfer your H1b to that company rather than going via the B1/B2 route. It is much easier to go that way.
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