Lay off on a H1B.......

[kamakazi]

Hi, wish you well. I'm about to get laid off in a week's time and am currently on a H1B. My wife is about to get her OPT (F1). Is it possible for me to get on a F2? If so, does she have to file the application or both? I-539 right? Can a status change be done within the USA? Also how hard is it to get back on a H1 from a F2. I assume we can do the status change within the country right?

On a separate note is there any leeway after loosing a H1? I've heard people have from 60-90 days to look around for a job and still remain legal. Does this still hold good?

Thank you,

Anoop

[Preetika]

hope this helps

I think there should be no problem for you to get onto an f2 as long as you do it through a good lawyer. He should be berifed on all the paperwork and everything like that. I'm not sure about the applications that you would have to file. THe only thing is that you should file for your f2 before you go out of status on H1 which is the last day of work.

As far as leeway for H1 is concerned, there are a lot of rumours floating around that you have about 60 to 90 days till u can still transfer your H1 to another company but the sad truth is that you have about 30 days till your new company files for an H1 transfer. reason being that you have to show your latest pay stub which cannot be later than 30 days or else the INS can later ask you more paperwork like a letter from the old employer stating that you were working for them even afte the date on your latest pay stub or even a later pay stub which maybe a difficult thing to get.

Once you shift onto an f2 though your h1 is no longer valid.

hope this helps.