FAQ’s – H1B Visa and Layoff
By HSB
This is guest post by Immigration Attorney Elaine Martin based in Dallas, TX. She answers some of the frequently asked questions about H1B Visa and consequences of layoff.
H1B and Laid Off – FAQ’s
- How long can I stay in the US after my H-1B job ends?
- Can I stay in the US to look for another job?
- What are my employer’s obligations if I am laid off?
- Can I collect unemployment or other benefits while unemployed?
- Can I change to another status to stay in the US?
- What happens to my green card process if I am laid off?
Read the answers for the above H1B Visa and Laid Off FAQ’s questions here.
Elaine Martin has provided trusted and creative immigration solutions to individuals and corporations since 1997. She has focused on employment and family-based immigration for many years, and is an immigrant herself so she understands the concerns of her clients.
Related posts:
- H1B Transfer after Laid Off – No Grace Period?
- Workers in H-1B Visa and Layoffs
- Applying for H1B Visa 2009 (FY 2010) – Think Twice!
- Links – H1B Visa And Layoffs
- What to Expect During H1B Visa Interview
what happened to my b1/b2 US visa which will be expired on August 2010 when h1-b visa was issued to me? Is my b1/b2 Visa still valid even i have this h1-b visa?
The B visa in your passport should remain valid even after the consulate stamps you with a H-1B visa. You could use either to enter the US, as appropriate for the activity you plan here. If you will be working, use the H-1B visa to enter. If you are not working, use the B visa.
I was working on OPT with one of the employers in TX . My OPT was till December 19th 2009. They filed for my H1 this year and it got approved. They laid me off May end and asked me to find something else for me.
I decided to do my Masters in Comp. Science and took admission in NDSU. I got my I20 and I am enrolled here for Master’s program . My OPT is no longer valid and I am on F1 again.
I am not sure whether my company has revoked my H1 or not. I am just worried that if they haven’t revoked it yet will my F1 be invalid once H1 becomes effective Oct 1st 2009.
I am worried about my status. I just wanted your suggestion regarding this.
I would really appreciate your reply and support.
Aditi – you need to be careful, because there is a good chance that the H-1B will take effect on 10/1 automatically. If the approval is for a change of status, you will be in H-1B status on 10/1. You should write to CIS explaining that you want to revoke the H-1B, n case the employer has not done so.
Dear Ms. Elaine,
USCIS got my application where I explained that I want to remain on F1 status. However I sent them Change of status application from h1 to f1 , although my status was still f1. But on Oct 1st 09 , H1 status became effective. Now they have sent a query askign me whether it’s a reinstatement of F1 or change of status from h1 to F1.
I am confused. In my situation will it be a reinstatement as i filed before 1st October 09 or will it be change of status.? Please suggest.
Also they are asking for pay-stubs from my employer , but I dont have them as I have not been working for my employer since end of May 09.
Please sugesst what should I do.
Thanks
Aditi
My case is I’m on H1b. it has been 2months since we’re searching for client.My employer is giving me specific dates of my stay here after somehow encouraging me last yr to be here for a possible job to fulfill my H1b. Employer mentioned if within that specified time, i won’t have a client, they will settle to let me back home – in this case I wouldn’t want to given I’m exhausted big money to pay their service and airfare.
In some article I read that USCIS allows part time jobs or a warranty period for the employee to stay or apply for tourist visa.
In my case, I have a tourist visa expiring on 2018. Here’s my question:
1-Can I use my visa to extend my stay here and find a clerical job?
2-Can i use my visa to extend my stay here and find H1b transfer even if I don’t have a paystub yet?
3-What is the best case scenario to lengthen my stay here legally and find a job?
4-Are applying for H2b and/or F1 visa an option? What are the pros and cons?
Asareth,
Your questions are very specific and it would be better to have a formal legal consultation with an attorney to discuss your situation in detail. I am not able to provide lengthy answers on such a casual forum as this.
Same question…
my opt will end June 30..and my visa status is (check was cleared and expecting to recieve notice receipt any time soon)
since i am working in auto company, good chance to be laid off any time soon..
what if i get laid off in few weeks? can i stay in US untill opt period? after going back to my country, is it possible to come back to US with this H1B in the future if i get approved? certainly, i have to change the H1B sponsor company..
you can stay with your opt.
you can’t come back with your h1b, since your h1b is “terminated” when you are laid off. you can re-apply another h1b, but it will be a new h1b, which means you will have to go over the whole process again.
John,
You may not be subject to the H-1B cap again, even if you are laid off by the current employer before 10/1/09. Although you will never have actually held H-1B status, you will have been counted against the cap, so you might not be counted again. I have successfully made this argument in the past, although there is no guarantee that it will always work.
1)what if i am temporary lay off?
expecting 2~3month layoff…
can I go back to my country and reenter US until my opt visa is valid?
opt valid till June 30, 2009..
2)if i get layoff, I find new company,
then, i am not going to be restricted under the H1b Quta again?
John,
1) If you are laid off temporarily, before the H-1B takes effect, you should be able to return to the US in F-1 status as long as your visa and status is valid, and you are coming to work in OPT. There used to be a risk that SEVIS registration would be cancelled once a person was approved for H-1B, but CIS has said that it has fixed this problem. I wouldn’t like to test the system, however.
2) You might be considered subject to the H-1B cap again with a new employer. I have successfully argued that a person who was counted against the cap once, even if the H-1B never took effect, should not be counted again. However, this strategy might not always work.
One question,
I am currently working on OPT but my H1 Status is “Approval Notice Sent”. My H1 will start from Oct 1st 2009. What happens if I am laid off before that period?
Can I stay in the US by changing status or something?
you can stay and change your status (for example, re-apply another h1b with a new employer) before Oct. 1st, 2009
after that, you are not allowed to stay legally.
also, you may still go back to school to get another F1 by Oct. 1st, 2009
Can I use the same H1 Visa, if I switch employer?
You can use the same visa stamp in your passport to return to the US, however your new employer would need to file a new H-1B petition and have that approved for you. You can return on the old visa showing the new approval notice. See my website FAQs for more details.
Good Job!