H1B .. Laid off. H1B revoked..Options??

[suman84]

Hi Friends,

I was working for company X and they have laid off 1000+ employees all over US due to poor economic conditions in that particular industry. They asked me to leave on that very day which was November 13 without giving any prior notice. They offered me severance package and the last pay check was dated January 25. 2012. I spoke to two attorneys. First at muurthy and she wasn't much help. She thought my H1B is already revoked (I found out today that my H1B is revoked today only and my ex employee took this long, 3 months to send a notice to USCIS) and I have just an option of H1B transfer with either extension of stay or consular processing. After her I spoke to another attorney called Kidambi and he was nice spoke about an hr and explained me clearly the options. He told me that there have been cases where the employee's H1B transfer petition has been accepted even after a gap of 4-5 months between the two jobs. He suggests me to find a job asap. I also asked him regarding F1 transfer and he says there shouldn't me any problem with that too. He thinks my case when genuinely presented to USCIS and my company laying off 1000+ people being in news there should be no issue in either of my visa transfer petition being accepted. So my questions.

1. How much time do I have now to transfer either to F1 or H1B since my H1B visa is revoked ?

2. My H1B is in a non IT background (mechanical engineering) and currently I am trying multiple options with IT being a strong one as there is not much scope in mechanical engineering with very few companies sponsoring? so would H1B transfer from a non IT to IT background would be an issue? my attorney thinks it has to be somehow related field but am still hopeful and considering IT strongly.

Please help.

[kabkaba]

Both the lawyers have given you their advice and both make sense.

Technically you are out of status on the last day you are at work and the company terminating you must pay for your ticket to home country. Any change or extension of status is not possible when you are out of status. Note that it does not matter if they pay you severence or the day they send the withdrawal to USCIS.

However, when an extension or change of status request is filed, USCIS will evaluate the evidence that you provide about how you have been maintaining H1 status. They will look at your letter, paystubs and may ask for more evidence. If they determine that the extension/change application is filed before you went out of status, they will approve it. They will go by the last day at work or sometimes the last paystub date. They may also ignore a small (< 30 days) period that you are out of status.

If all that does not occur, the extension will be denied. Remember that this will have negative effect on all your future applications.