Comments on: FAQ’s – H1B Visa and Layoff

By: MD

MD — Fri, 05 Feb 2010 16:46:16 +0000

My passport has been sent for renewal but I have not received it as yet. I have a receipt and copy of my visa. Is it possible to send my H1B renewal application under these circumstances?
If not, how long can I stay legally in US on an expired visa?
Any information will be appreciated.

Thanks

By: Elaine Martin

Elaine Martin — Thu, 14 Jan 2010 17:02:22 +0000

Ravi – If you have used 3 years of H-1B time, you can get another 3 years. The only way you could get 6 years is if you spent one year outside the US. In that situation, you can start a new 6-year period however you would be subject to the H-1B cap..

By: Ravi

Ravi — Wed, 13 Jan 2010 23:43:41 +0000

Hi,
I worked in US on H1B for 3 years after which I let go of my H1B to pursue graduate program in US. Currently I am on F1 status. If another company applies for my H1 next year, will I be eligible? If so, will I be eligible to stay in US for 6 more years or 3 years considering that I havent stayed out of US for 1 year before applying for fresh H1?
Kindly help!
-Ravi

By: Aditi

Aditi — Sat, 14 Nov 2009 21:31:13 +0000

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

By: elaine martin

elaine martin — Tue, 08 Sep 2009 15:42:31 +0000

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.

By: elaine martin

elaine martin — Tue, 08 Sep 2009 15:40:35 +0000

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.

By: johnp

johnp — Tue, 08 Sep 2009 03:56:27 +0000

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?

By: Aditi

Aditi — Thu, 27 Aug 2009 15:42:40 +0000

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.

By: Elaine Martin

Elaine Martin — Fri, 08 May 2009 15:22:47 +0000

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.

By: asereth

asereth — Fri, 08 May 2009 01:30:33 +0000

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?