H1B Termination

[anuj.taurus]

I had my H1B petition filed earlier this year and it got approved. As the fiscal year starts on 1st of October, H1B will become effective on the same date (correct me if I am wrong). I am being told that my services are no longer needed at my organization and the effective date of termination will be 27th Sept., 2013. Even tough they are offering me a severance package for another 3 weeks after my date of termination, I will be interested to know on how my H1B status gets affected. I have been told that if my H1B is being revoked, it is good to transfer on a B2 visitor VISA and back to H1B VISA when I find a new employer. Do I have to file a new H1B petition and go through the entire process again or will this be treated as a transfer ? Is this process considered to be safe ? How much time after the H1B is being revoked a person can legally stay in US ?

[Nattybone]

I had my H1B petition filed earlier this year and it got approved. As the fiscal year starts on 1st of October, H1B will become effective on the same date (correct me if I am wrong). I am being told that my services are no longer needed at my organization and the effective date of termination will be 27th Sept., 2013. Even tough they are offering me a severance package for another 3 weeks after my date of termination, I will be interested to know on how my H1B status gets affected. I have been told that if my H1B is being revoked, it is good to transfer on a B2 visitor VISA and back to H1B VISA when I find a new employer. Do I have to file a new H1B petition and go through the entire process again or will this be treated as a transfer ? Is this process considered to be safe ? How much time after the H1B is being revoked a person can legally stay in US ?

Hello, Anuj.

To be safe, before you get the termination letter, your transfer petition acknowledgement receipt (for switching to another visa from H1B) should be in your hand. You cannot be out of employment if you are on a H1B visa. Not even by a single day. Various people will say different things, but it is your visa and you have to protect yourself.

It is a little tricky getting a B2 visa Change of Status approved, you could try for F1 visa which is a good option, i feel. Whenever you intend to switch back to H1B, the only difference will be, you will be Cap Exempt now.

Wishing you luck.

Cheers,

[anuj.taurus]

Hi,

Thanks for your opinion. It really counts. The blessing in disguise has been that the HR has agreed not to revoke my H1B until the 18th of Oct., 2013 and hence it buys me more time to evaluate what is best for me.
I totally agree that B2 is a bit tricky way to go and I have my own apprehensions when transferring to that VISA. But I spoke to a lawyer in person and he assured me that this is a safe way as now my H1B is approved and will be effective (as my termination date is no longer 27th September and it is 18th of Oct. and I will have some pay stubs for month of Oct.). I have been thinking of transferring into F1 status that also allows me to work on a CPT effective immediately (I mean as soon as I get enrolled).

The good thing to hear is I am cap exempt , so just to clarify does that mean I don't have to wait till next April to start work ? I mean I don't have to go through the lottery system and H1B petition all over again ?

If you find time please shed some light on the process. Your help is much appreciated

Thanks

[kadkhiq81]

Yes and you are a cap exempt. You can transfer to any other employer as it will be much better option for you.

I am a consultant and can direct you to my employer. You can deal with them directly If you want. Again, I am just trying to help and absolutely up-to you to take a call.

Best Wishes!!

[anuj.taurus]

Yes and you are a cap exempt. You can transfer to any other employer as it will be much better option for you.

I am a consultant and can direct you to my employer. You can deal with them directly If you want. Again, I am just trying to help and absolutely up-to you to take a call.

Best Wishes!!

That will be great , please feel free to contact me.