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Immigration Issues/H1B visa - stay in usa

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Question
Hi,

I was laid off today 8/29 and has been given the salary check till 8/25. Another thing, in my joining letter, the employment was defined "at-will" (I am in California) and can be terminated by any party by giving a prior notice of 15 days. Can/Should I do anything for the 2 issues above?

Another thing, please advice how long I can stay back in the usa for searching a job?

I heard that I can go for Change of Status to B1/B2 and buy some more time, but I am wondering if I do that, would I be able to chnage the status back to H1B, or I need to apply a fresh H1B with the new employer during the H1B quota period in Apr 2009?

Do you suggest any other thing I can do at this point?

Please advice. I really appreciate your time. Thanks a lot!

Answer
Tim,
You can change to B-2 visa but currently it is taking more than 6 months to get a decision. If you file for a H visa during this time the USCIS will have to make a decision on the B before they adjudicate the H petition. There is good possibility that the B may not be granted and if so the H extension will also not be granted.

I would suggest that if you are unable to get a job within couple of weeks to leave the country and return once you find a job.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

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, www.ashleykrishnan.com

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