H1 B Job terminated

[gs2440]

Hi,

My firm had a management change and I am being asked to resign. As this is not a lay off, I would not be on pay roll (which is usual practice in case of lay offs) after my termination date. I am applying for change of status to B2 (tourist visa), my questions are -:

1. Approval of B2 takes some time (2-3 months), so am I being out of status for this pending time?

2. If I get a job in this pending time period, what do I tell my new employer about my Visa Status (H1 B or B2?) and would I have to necessarily travel outside to get I 94 before starting to work on H1 again?

3. Lastly, in a good scenario, if i get a offer in next 20 days or so, then I would be able to supply my pay stubs (except for the last one), so would the officer ignore gap of 1 (or may be 2) pay stubs while approving change of H1 from Old Employer to New Employer?

[raghvi]

Hi,

My firm had a management change and I am being asked to resign. As this is not a lay off, I would not be on pay roll (which is usual practice in case of lay offs) after my termination date. I am applying for change of status to B2 (tourist visa), my questions are -:

1. Approval of B2 takes some time (2-3 months), so am I being out of status for this pending time?

2. If I get a job in this pending time period, what do I tell my new employer about my Visa Status (H1 B or B2?) and would I have to necessarily travel outside to get I 94 before starting to work on H1 again?

3. Lastly, in a good scenario, if i get a offer in next 20 days or so, then I would be able to supply my pay stubs (except for the last one), so would the officer ignore gap of 1 (or may be 2) pay stubs while approving change of H1 from Old Employer to New Employer?

1. If H1 to B2 gets approved you wouldnt be out of status, if it gets denied you would be.
2. Neither, you aren't in H1B as you are not getting paid, you are not on B2 as it is not yet approved. In most likely hood you would have to travel outside.
3. They may decide or may not decide to ignore. You should have filed a Change to another employer prior to your last working day.

This is my opinion not legal advice.

[ronharry]

H1B transfer dilemma after job termination

1. If H1 to B2 gets approved you wouldnt be out of status, if it gets denied you would be.
2. Neither, you aren't in H1B as you are not getting paid, you are not on B2 as it is not yet approved. In most likely hood you would have to travel outside.
3. They may decide or may not decide to ignore. You should have filed a Change to another employer prior to your last working day.

This is my opinion not legal advice.

Hello,

Wanted some advice on my current situation.

I got terminated from Employer XX on Jan-8th, A has run my paycheck until Jan-15th and I have copies of it. I am attending interviews for other jobs, but looks like the process might take some time.

XX will not be revoking my H1B petition, I have a stamped visa from XX and valid until Oct-2015, also have I-94 till that period. So, my questions are:

1. Considering that my current petition will not be revoked but my pay stubs have stopped, How long can I continue my job search and file H1B transfer? Is 30 day grace period true?

2. Will I be getting a new I94 as part of the H1 transfer process? Since I am currently out of status, will I be required to travel out of country to get stamping?

3. Does USCIS consider the case where termination/lay off happened without any notice and ignore gaps in pay stubs? If so, how many pay stubs does it usually ignore?

I am reading very conflicting information about this use case online, Can someone pls. clarify

[raghvi]

Hello,

Wanted some advice on my current situation.

I got terminated from Employer XX on Jan-8th, A has run my paycheck until Jan-15th and I have copies of it. I am attending interviews for other jobs, but looks like the process might take some time.

XX will not be revoking my H1B petition, I have a stamped visa from XX and valid until Oct-2015, also have I-94 till that period. So, my questions are:

1. Considering that my current petition will not be revoked but my pay stubs have stopped, How long can I continue my job search and file H1B transfer? Is 30 day grace period true?

2. Will I be getting a new I94 as part of the H1 transfer process? Since I am currently out of status, will I be required to travel out of country to get stamping?

3. Does USCIS consider the case where termination/lay off happened without any notice and ignore gaps in pay stubs? If so, how many pay stubs does it usually ignore?

I am reading very conflicting information about this use case online, Can someone pls. clarify

1. It doesnt matter if petition is revoked or not. The last day of your pay stub is the last day of your status, if you are not getting paid you are out of status. There is no grace period/30 day rule.
2. If transfer is approved yes you should get a new I94. As you are out of status its very unlikely you will get an I94, so yes you would need to leave and re enter with a new petition, if visa is valid.
3. They may take a lenient approach but no one can say for sure.

This is my opinion not legal advice.