Immigration Issues/H1B lay-off


Hello, I was on a H1-B visa for almost 1 yr. On 08/15/2008, I was laid off from job, effective immediately.
Q1. How long can I stay on the H1-B status AFTER losing employment ?
Q2. How long can I stay in the US ?
Q3. If I am already out of status, what do you recommend I do so that I dont have to leave the US (My wife has a job and is on her H1-B visa) ?
Q4. If I find another job in the industry soon and if the employer agrees to process H1-B visa for me, will the visa get approved ? In other words, does the new employer file for H1-B for next year's advanced degree quota (I have a PhD from US univ.) or can the next employer file for H1-B straightaway and request adjustment of status (where the H1-B visa gets updated with new employer information) ?
Q5. If the new employer cannot file for H1-B before april 2009, are there any other visa type that the employer can apply so that I can work ? I heard there is a 'O' visa that some PhDs are eligible.
Please let me know the best course of action.
Thank You



I would suggest that you file for a change of status to H-4 immediately or leave the country and re-enter on H-4 visa. Any time you prolong will jeopardize your future stay in the US. You can then proceed to look for a job and switch back to H-1B. You are already counted against the cap so you can file for a H-1B at any time. The only downside is that you can work only after approval.

This will also allow you to evaluate and take the best job offer rather than seizing the first one that comes your way.

Good luck.

Ramasamy Krishnan

Immigration Issues

All Answers

Answers by Expert:

Ask Experts


Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

©2017 All rights reserved.