Leave of absence on H1

[swapna jayachandran]

Hello I have been employed with a company since October 2011. I have an H1 stamped till 2015 October. They are laying me off. I have few questions:

1.Can I go on a leave of absence for some time, untill I find a new job? If I can, then how long can I go on leave of absence. Will this have any legal implications

2. If option 1 does not work, and if am forced to go to h4, will I have to wait till October even if I find a new job before that? Will I fall under the quota?

This is urgent. Any information would be greatly appreciated

Thanks.

[kabkaba]

Hello I have been employed with a company since October 2011. I have an H1 stamped till 2015 October. They are laying me off. I have few questions:

1.Can I go on a leave of absence for some time, untill I find a new job? If I can, then how long can I go on leave of absence. Will this have any legal implications
-- Unfortunately not. When your employer terminates you they are required by law to pay for your ticket to home country.
2. If option 1 does not work, and if am forced to go to h4, will I have to wait till October even if I find a new job before that? Will I fall under the quota?
-- You will be eligible for a cap-exempt petition.
This is urgent. Any information would be greatly appreciated

Thanks.

See above.

[raghvi]

See above.

In addition, make sure you have either a H1 transfer to another employer filed OR your H4 filed before your last working day otherwise you risk of going out of status and will not be able to convert to H1 again without leaving US and re entering.

There are provisions in the new immigration bill to handle such out of job/in between jobs period but that is still a good 6-8 Months away from becoming a law, if at all it does get passed.

This is my opinion not legal advice.