H1B Transfer after Laid Off – No Grace Period?

by HSB on January 28, 2009

in H1B Visa

More than 230,000 employees were laid off during in this month so far. If you are in H1B Visa, usually companies will give 2+ months notice period and after that they will inform USCIS about H1B Visa termination. In mean time you have to find another employer who can transfer your H1B Visa. But, there is no grace period of 60 days.

Grace Period between H1 Transfer

Few students have asked if there is a grace period of 60 days after H1b Visa is terminated. Since, in OPT student have 60 days grace period after OPT Expiry date. So, you will have to apply for H1B transfer before H1B visa is terminated.

You can find more details about H1b transfer after laid off from work and legal process associated with H1b termination from following links

  1. Vermont Service Center – Guidelines for H1B Transfer after Job Termination
  2. Terminated H1B Visa holders – FAQ’s
  3. No Grace period after H1b Lay off

Always consult an immigration attorney to discuss immigration related matters. Since every person situation is unique, I would suggest, you spend $100 to $300 to get consultation for Immigration related matters. If time is a factor, instead of wasting time looking for answers online, schedule an appointment with an immigration matter expert. I’m just a read like you all, not an immigration professional.

So, best thing is to keep your job and worst thing after lay off is waiting too long to transfer your H1 Visa.

Related posts:

  1. Links – H1B Visa And Layoffs
  2. L1 to H1B Visa Transfer without H1B Approval Notice?
  3. Q&A – 90 Days Unemployment Period in OPT
  4. F1 to H1B Change of Status – Explained
  5. Changes to OPT (F1 Visa) Rules
  6. Workers in H-1B Visa and Layoffs

{ 2 comments… read them below or add one }

1 Julie January 29, 2009 at 7:43 AM

Most Immigration Attorneys take about 2 – 3 weeks to prepare an H-1B application. This time would be extended if your documents are not in order.

Reply

2 Gary January 28, 2009 at 11:29 PM

Could somebody please tell me what’s the normal preparation time for H1B petition (documents and stuff) for 2009?

Reply

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