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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 11-02-2008, 06:10 PM
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amitdce is on a distinguished road
Default Urgent: Lay-off related advice needed

Hello,

I was told by my employer on Thursday (30th Oct) that Friday (31st Oct.) would be my last day . They are withdrawing my H1B (which was approved earlier this year, but not stamped) on 3rd November (Monday). I need to buy some time to find a new job, which may not happen immediately. I have done the basic research, and know that my best option (apart from finding a new job ASAP) is to get a B2 visa.

I have the following questions:

1. I read in other places that there a strong chance of my B2 being denied, or of the H1-transfer (once I get a job) being denied. Is that true?

2. What should I mention as my reason for applying for a B2? Should I mention the layoff and mention that I need some time to find a new job, since this happened unexpectedly?

3. Are there any other options that I should consider other than the B2 (F1, or getting a H1 through a consultant)? Any pros/cons?

I'd appreciate your time in responding to this, thanks!!
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  #2 (permalink)  
Old 11-02-2008, 10:03 PM
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Default Re: layoff on h1b

Sorry to hear about your situation. Hope that you quickly find another job.

Here is are a couple of links that I got in my google search ("h1b layoff"):
1. http://ezinearticles.com/?How-To-Han...lder&id=564174
2. http://searchcio.techtarget.com/news...13512,00.html#

Changing to b2 visa
http://britishexpats.com/forum/showthread.php?t=68419
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  #3 (permalink)  
Old 11-02-2008, 10:36 PM
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I feel sorry for your situation.

I urge you to find a job ASAP and transfer your H1 to the new employer. But if I was in your position, I would consult an Immigration Attorney first.

Make sure you get the last pay stub from your current employer and don’t forget to obtain an experience letter.

Employers usually give at least 2 week notice for termination and 30 days grace period for cancelling the H1.
I wonder why this didn’t happen in your case.

I think USCIS gives you some grace period to find a job when you are laid off, I am not sure whether it is 30 days or <60 days.
But there is no law that talks about this grace period though.

Good Luck!

Last edited by copsmart; 11-02-2008 at 10:58 PM.
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  #4 (permalink)  
Old 11-03-2008, 02:36 AM
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Quote:
Originally Posted by amitdce View Post
Hello,

I was told by my employer on Thursday (30th Oct) that Friday (31st Oct.) would be my last day . They are withdrawing my H1B (which was approved earlier this year, but not stamped) on 3rd November (Monday). I need to buy some time to find a new job, which may not happen immediately. I have done the basic research, and know that my best option (apart from finding a new job ASAP) is to get a B2 visa.

I have the following questions:

1. I read in other places that there a strong chance of my B2 being denied, or of the H1-transfer (once I get a job) being denied. Is that true?

2. What should I mention as my reason for applying for a B2? Should I mention the layoff and mention that I need some time to find a new job, since this happened unexpectedly?

3. Are there any other options that I should consider other than the B2 (F1, or getting a H1 through a consultant)? Any pros/cons?

I'd appreciate your time in responding to this, thanks!!
transfer to B2 will likely be denied. If B2 does come through, then transfer back to H1 is likely to be in trouble because of the rules about waht B2 is meant for.

Best option at this point: transfer H1 asap through a consultant. Consultatnts dont waste time, your application will get to USCIS asap and they will likely approve both your H1 as well as H1 status. Dont worry about pro-vs-cons of consultants, at this time you are out of status and your priority should be to get back into H1 status ASAP.

If you wait a bit and then end up transferring >30 days later with these old payslips USCIS will approve the H1 transfer, but deny the extension of status (you'll get an approval without an I-94 attached) and you'll need to leave the US, get a visa stamp and then return to teh country.
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  #5 (permalink)  
Old 11-03-2008, 11:27 AM
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My thoughts are revoking H1 within 2-3 days is not possible infact he has to pay money to do that. Is it a consulting firm? Are you in good terms with your employer? Why would employer take burden to do that? Best option is transfer your H1 immediately to another company, if you file for your transfer you are safe.
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  #6 (permalink)  
Old 11-03-2008, 11:39 AM
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Great links,

I did not understand this part, can anyone explain?

H-1 protection: Send your spouse to college
If the better option for an international husband and wife team is for the spouse to seek a student F-1 visa, the H1-B worker can file for H-1 status. This allows the H-1 B worker to remain in the U.S. for the length of time the spouse is a student -- six years.

This option gives H1-B workers a lot of time to find new employment, whether they have just lost their jobs, or anticipate losing them shortly. And again, H1-B workers become protected in their immigration status the moment their spouses file for an F-1 visa, and they file for H-1 status.


If wife goes in to F1 Visa, the spouse files H1? what is h1 and how is it different to h1b ? it says this will allow h1b worker to remain in us for the lenght of the time when spouse is a student - 6 yrs, so does it mean the h1 candidate need not get paid ? i totally dont understand this, are they referring to F2 ?






Quote:
Originally Posted by wizard20740 View Post
Sorry to hear about your situation. Hope that you quickly find another job.

Here is are a couple of links that I got in my google search ("h1b layoff"):
1. http://ezinearticles.com/?How-To-Han...lder&id=564174
2. http://searchcio.techtarget.com/news...13512,00.html#

Changing to b2 visa
http://britishexpats.com/forum/showthread.php?t=68419
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  #7 (permalink)  
Old 11-03-2008, 11:43 AM
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Read

http://immigrationvoice.org/forum/blog.php?b=11
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  #8 (permalink)  
Old 11-03-2008, 12:10 PM
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Default F1 is good chance

I was fired back in 2001 (this is right after 9/11 too)
I asked for a few days to my employer before they notified anyone. And then enrolled in a Masters program at a local state university and had an I20 issued and then applied for a change of status to F1. In the application mentioned that this was a temporary measure to improve my skills and that I would go back to work as soon as I found a job with the improved skills. I got my F1 approved. And did one sememster while I looked for work and found a job by the end of the semester and the new employer applied for my H1b in premium process and started working for them once the H1b was approved.

Hope this helps.
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  #9 (permalink)  
Old 11-03-2008, 01:16 PM
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Amit,

I'm assuming you don't have a 485 petition pending for more than 180 days. If you do you should be ok and work on EAD, when you get a job.


If you dont, people have given good advice above.
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  #10 (permalink)  
Old 11-03-2008, 01:43 PM
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Default you in California?

If yes, you can know if your company has submitted a WARN notice with the labor dept and you'll know your exact termination date. Includes future layoffs too.

http://www.edd.ca.gov/Jobs_and_Train...vices_WARN.htm (scroll all the way to Listing of WARN Notices - 2008 )
http://www.edd.ca.gov/Jobs_and_Train...ddwarncn08.pdf
http://www.edd.ca.gov/Jobs_and_Train...ddwarnlo08.pdf
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  #11 (permalink)  
Old 11-03-2008, 01:52 PM
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Default

Quote:
Originally Posted by amitdce View Post
Hello,

I was told by my employer on Thursday (30th Oct) that Friday (31st Oct.) would be my last day . They are withdrawing my H1B (which was approved earlier this year, but not stamped) on 3rd November (Monday). I need to buy some time to find a new job, which may not happen immediately. I have done the basic research, and know that my best option (apart from finding a new job ASAP) is to get a B2 visa.

I have the following questions:

1. I read in other places that there a strong chance of my B2 being denied, or of the H1-transfer (once I get a job) being denied. Is that true?

2. What should I mention as my reason for applying for a B2? Should I mention the layoff and mention that I need some time to find a new job, since this happened unexpectedly?

3. Are there any other options that I should consider other than the B2 (F1, or getting a H1 through a consultant)? Any pros/cons?

I'd appreciate your time in responding to this, thanks!!
I feel sorry for your situation.

At least share your skill set and location here , so some one can point if any position around.
Good Luck.
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"When the going gets tough, the tough get going."
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  #12 (permalink)  
Old 11-23-2008, 12:13 AM
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immi4674 is on a distinguished road
Default Laid-off and Transferring to Multiple Employer

I got laid-off on Nov-05-2008 from a top consulting company "X" and have salary slip till Nov-05-2008. Just to save my status immediately, i transferred my H1 to a small Consulting company "A" on Nov-14-2008(9 days out of status) with no salary slip and got a Project to be started on Dec 1 2009.

I got offer from another Big Consulting company "B" and planning to Transfer H1(Premium Processing) on Nov-22-2008 basis on the Salary slip(Ending period Nov-05-2008) from Company "X".What are the Risk involved in Transferring H1 to Company "B" ? What do you recommend, Should I stay with Company "A" and start the project on Dec-1 or can i Move to Company "B" for secure and better opportunities? If INS doesnt attach I94(Due to out of status for few days) then i may have to go out of USA and Stamped Visa, Visa stamping may be a problem incase of small company.

What is the best,legal and safe available option for me?
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  #13 (permalink)  
Old 11-23-2008, 04:22 PM
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Quote:
Originally Posted by immi4674 View Post
I got laid-off on Nov-05-2008 from a top consulting company "X" and have salary slip till Nov-05-2008. Just to save my status immediately, i transferred my H1 to a small Consulting company "A" on Nov-14-2008(9 days out of status) with no salary slip and got a Project to be started on Dec 1 2009.

I got offer from another Big Consulting company "B" and planning to Transfer H1(Premium Processing) on Nov-22-2008 basis on the Salary slip(Ending period Nov-05-2008) from Company "X".What are the Risk involved in Transferring H1 to Company "B" ? What do you recommend, Should I stay with Company "A" and start the project on Dec-1 or can i Move to Company "B" for secure and better opportunities? If INS doesnt attach I94(Due to out of status for few days) then i may have to go out of USA and Stamped Visa, Visa stamping may be a problem incase of small company.

What is the best,legal and safe available option for me?
It really depends on your priorities. Apart from having a job and decent salary, do you plan go back to your home country after reaching 6yr limit or do you plan to start your GC process and then apply for your US citizenship?
The reason I ask this is b'coz the chances of layoff in big consulting companies is high as compare to small consulting companies, this is based on my personal experiences. So decide based on your priorities.
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  #14 (permalink)  
Old 01-21-2009, 04:41 AM
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DavidTroublefield is on a distinguished road
Default ut of status, employment gap and status revalidation

Hi

At least share your skill set and location here , so some one can point if any position around.
Good Luck.

Last edited by pappu; 01-21-2009 at 08:55 AM.
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  #15 (permalink)  
Old 01-21-2009, 04:42 AM
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hi

I asked for a few days to my employer before they notified anyone. And then enrolled in a Masters program at a local state university and had an I20 issued and then applied for a change of status to F1. In the application mentioned that this was a temporary measure to improve my skills and that I would go back to work as soon as I found a job with the improved skills.

Last edited by pappu; 01-21-2009 at 08:56 AM.
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