Job Loss on H1 - things to do?

[kitgzz]

I am on H1 since past 3 years & my company has filed for extension for another 3 years( expected to renew by september end ). Given that economy may run into a melt down, I am worried about potential job loss.

If I end up loosing my job, what are the things that i must do so as to maintain legal status till I find new job( 1 -2 mo )?

I understand that -
( a ) there is no grace period - does that mean that i am suppose to leave country asap unless i find a job ( whats time frame to find new job - is it ok if i find job in say 3 weeks )
( b ) If i change by status to visitor, as some sites suggest, and then file for H1B again when i find new job - will my H1 be subject to cap etc ?

[Rohit]

Are U sure thers no grace period? I have read (but not sure) tht a grace period of 10 days is given. I would appreciate if someone could provide proper info on this
Rohit

[Subramanya]

Grace Period

I am on H1 since past 3 years & my company has filed for extension for another 3 years( expected to renew by september end ). Given that economy may run into a melt down, I am worried about potential job loss.

If I end up loosing my job, what are the things that i must do so as to maintain legal status till I find new job( 1 -2 mo )?

I understand that -
( a ) there is no grace period - does that mean that i am suppose to leave country asap unless i find a job ( whats time frame to find new job - is it ok if i find job in say 3 weeks )

---- NO, there is absolutely no grace period once you lose your job or resign your position while on H1B. If you hae to adn watn to find a job that has to be done by the time you lose your job. This means if you lose your job on a Friday, by the following Monday or the next working/business day you have to apply for a H1 transfer to another employer. There is no time frame to find a job and there is no rule

( b ) If i change by status to visitor, as some sites suggest, and then file for H1B again when i find new job - will my H1 be subject to cap etc ?

---- YES, you can do that but your B1 has to be filed immediately as written above. Later when you find a job, you can seek a H1 transfer and that will not come under H1 Cap as you have already been counted once. Unless the 6year period for your H1 is over or nearing completion

Subramanya

[kitgzz]

job loss -H1B - things to do

Thanks. If new employer applies for H1B again - assuming i transferred to B1 or left country temporariry - isnt the H1B considered fresh and not a case of transfer. In this case, isn't is subject to cap again?

[Subramanya]

H1 issues

If new employer applies for H1B again - assuming i transferred to B1 or left country temporariry - isnt the H1B considered fresh and not a case of transfer. In this case, isn't is subject to cap again?

---- You can seek a H1 transfer (even with a new employer) and that will not come under H1 Cap or considereed as fresh H1 as you have already been counted once. Unless the 6 year period for your H1 is over or nearing completion

Subramanya