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Immigration Issues/H1B Queries ( Termination and all)

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Question
Hi Ajay,

I have a few queries about the details when a person on H1 B gets laid off.

A) Does he/she have a grace time to transfer the H1b to another Company without going through the process of  H1 cap and leaving the country; basically getting a new H1 B?

B)  If he/she files for a change of status to suppose F2 after getting laid off ;  does he/she need to leave the country for the change of status ?

C ) Does He/She have a grace time to be on the H1 B visa after being laid off and looking for another company who would sponsor (transfer H1 B)?

D ) Lastly, if the answer to query  C) is negative ; then if the person switches his/her visa status to F2 ( after getting laid off) could he/she be switched back to H1B if he/she gets a new job ready to sponsor ( without going through quota and the October wait ; just transfer instead of new) ?  

E) If  he/she wants to change to status to F2 before getting laid off ( present status H1B ) or voluntarily; should one file change of status first and then give the employer resignation?

Thank you  

Answer
Hi Shyam,

There is only a 10-day grace period. Therefore, for a person to be granted extension of H-1B status through Company B, he or she must have resigned or their employment been terminated no more than 10 days from Company A.

Change of status to F-2 can be granted if this application is filed within 10 days of leaving the H-1B employer. It is assumed that the spouse is maintaining F-1 status.

The person can change status from F-2 to H-1B without worrying about the visa cap if he or she left the previous H-1B employer no more than one year before filing again for H-1B.

If you know that you will get laid off soon, and that there is no hope in finding another company to file H-1B transfer petition for you within 10 days of the layoff, then it is a good idea to file F-2 now.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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