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Lost my job, H1B scenario

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  • Lost my job, H1B scenario

    Hi,

    I lost my job last Monday, I was terminated. My H1B will be withdrawn after another 30 days from last Monday ( Feb, 11).
    I am actively interviewing for other jobs. But in the meanwhile, I was told by the attorneys that I am not allowed to stay in the US as I don't have work, though I have a valid H1B. So they asked me to go back to India.

    I am married and my wife is on L1B. I wanted to get a change of status to L2, but official attorney said, filing is now delayed. Here is what she said.

    There are 2 options.
    1. I depart the US and apply for an L-2 visa at a consulate abroad and re-enter the US in L-2 status. This is the recommended option so that I do not accrue any maintenance of status issues.

    2. File an L-2 change of status (COS) petition from within the US. Given that I am not actively employed, there is is a risk that the L-2 COS could be denied. The L-2 COS would be pending for approximately 3-4 months and if denied, I would have to depart the US immediately. If denied, the 3-4 months of lack of maintenance of status could possible impact future green card applications.

    What should be my next step if I want to continue to stay in US and do job hunt ? Should I join a company who can transfer my H1B ( I got to know that is the fastest way to keep H1B petition active ).

    Please help me out with the options available to me now?

    Thanks

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    • #3
      Lost my job, H1B scenario

      Was last Monday your last payment day? Typically you are out of status when you are not on any payroll on any given point of time and if your current I 94 expired, You would be consider as an illegal.

      Your attorney was correct in giving those options however If I am you, I would try to find another employer immediately and try to transfer my H1 ASAP with the proper explanation of not being employed during this week time. They might consider. You should apply through premium and your clock is ticking now. ACT immediately and just delaying is going to drag you badly.

      This is my opinion.

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