URGENT......Situation with Lay off on H1B....whats the option??

[visahelp12345]

Hello there,

Right now I am in a tricky situation. I was working on H1B work visa with Mechanical industry. I came to US on F1 visa for my masters, finished it and got hired by a big Mechanical industry. They applied for my H1B but first year it did not got selected in lottery. So they applied again on next year and this time it got approved and I got H1B. It started Oct 2015 and I was happy.

But suddenly I got laid off from company Mid-Nov. 2015 and I became unemployed. As my company is famous for following rules, they told me this is your last day in company and they informed USCIS on that day only. Now I have following questions.
1. Is that mean I am already out of status?
2. Now I am trying to find jobs as soon as possible. So if I get job, can I apply to transfer my current H1B to new company or new company needs to file new H1B application for my employment with them?
3. I am thinking about changing my visa type to F1 / B1, B2. So that I can get some more days to apply for jobs. Is that will be fine? If I change my visa to F1/B1, B2 and in future if I get job, can I just transfer my visa status back to H1B status(whether it will be same H1B / new H1B)?
4. Which of visa will be better in my situation: changing to F1 / changing to B1,B2?
5. Also if anyone has experience with this situation, will appreciate if they can share it.

Thank you.

[shervin143]

1. Is that mean I am already out of status?
>>> Yes. You will be considered to be out of status from the last working day.

2. Now I am trying to find jobs as soon as possible. So if I get job, can I apply to transfer my current H1B to new company or new company needs to file new H1B application for my employment with them?
>>> Transafre can be filed. But it may or may not get approved with a new I-94. If there is a gap in your pay check, then the H1B transfer will not come with a new I-94 (It will get approved for consular process). Which means, you need to leave and return back using a valid H1B visa to work for the employer. For the transfer to be successful, you should initiate the transfer as quickly as possible.

3. I am thinking about changing my visa type to F1 / B1, B2. So that I can get some more days to apply for jobs. Is that will be fine? If I change my visa to F1/B1, B2 and in future if I get job, can I just transfer my visa status back to H1B status(whether it will be same H1B / new H1B)?
>>> To file a COS from H1B to F1, you should get admission to school. Filing a COS from H1B to B1/B2 is illegal if your primary intend is to look for jobs. Also, a COS back from B1/B2 to h1B is very risky and will invite a lot of questions.

4. Which of visa will be better in my situation: changing to F1 / changing to B1,B2?
>>> F1 is better of you can get admission to a F1 program.

[visahelp12345]

Thank you

Thank you

1. Is that mean I am already out of status?
>>> Yes. You will be considered to be out of status from the last working day.

2. Now I am trying to find jobs as soon as possible. So if I get job, can I apply to transfer my current H1B to new company or new company needs to file new H1B application for my employment with them?
>>> Transafre can be filed. But it may or may not get approved with a new I-94. If there is a gap in your pay check, then the H1B transfer will not come with a new I-94 (It will get approved for consular process). Which means, you need to leave and return back using a valid H1B visa to work for the employer. For the transfer to be successful, you should initiate the transfer as quickly as possible.

3. I am thinking about changing my visa type to F1 / B1, B2. So that I can get some more days to apply for jobs. Is that will be fine? If I change my visa to F1/B1, B2 and in future if I get job, can I just transfer my visa status back to H1B status(whether it will be same H1B / new H1B)?
>>> To file a COS from H1B to F1, you should get admission to school. Filing a COS from H1B to B1/B2 is illegal if your primary intend is to look for jobs. Also, a COS back from B1/B2 to h1B is very risky and will invite a lot of questions.

4. Which of visa will be better in my situation: changing to F1 / changing to B1,B2?
>>> F1 is better of you can get admission to a F1 program.

[arjungupta25]

How did things turn out for you?

Hi there. I am in the same situation and can feel what you might have went through. I am curious to know how things unfolded for you. Were you able to get a job and H1B transferred easily? It's been 15 days since I got laid off and I'm not sure if my employer tried to revoke my visa. I think I'm pretty close to getting a job offer in next 15 days and wondering if I should try to apply for a different visa. If you could share your experience, it would be very helpful.

@shervin

Thanks for sharing the information. Do you have any advise for me in this situation?

Many thanks,
Arjun

Thank you

[raghvi]

Hi there. I am in the same situation and can feel what you might have went through. I am curious to know how things unfolded for you. Were you able to get a job and H1B transferred easily? It's been 15 days since I got laid off and I'm not sure if my employer tried to revoke my visa. I think I'm pretty close to getting a job offer in next 15 days and wondering if I should try to apply for a different visa. If you could share your experience, it would be very helpful.

@shervin

Thanks for sharing the information. Do you have any advise for me in this situation?

Many thanks,
Arjun

If you are not getting paid currently, it pretty much means you are out of status. When out of status, a Change to another status, or a transfer would most likely not be approved with a new I-94, meaning, you will have to leave US and re enter.

This is my opinion not legal advice.

[harshp]

H1B Job Lay-Off

My Employer don't have enough contract work and I have not been receiving any pay stubs from my start date of H1B.
My employer informed me to try to change to H4 [spouse in H1] in 15 days.
Is it possible for the employer to revoke H1B without providing all data including pay-slips to USCIS?
But, I don't want to change to H4 status. What are the options available for me now?
What I need to do to change my status from H1B to H4? Exactly, when should I start doing the process?
How many months it will take?
While converting to H4, what reason should i mention?
Will USCIS ask the reason of H1B to H4 conversion, since it is an unusual transfer? Will USCIS ask for last 6 months pay slips to ensure I was in lawful-status.
How can I transfer H1B without pay slips, for the next job?
Is it possible to convert back from H4 to H1B, when I get the next job?
Will pay slips be mandatory in H4 to H1 transfer?
As per law what all documents I should have from previous employer, not only for H4 to H1B transfer, but to stay legally in USA.

With family here, I can't move with a complaint now, first I want to be on the safer side, later I can seek compensation.

Please share your suggestions & opinions...