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 Layoff while in H1B
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H1B Lay off legal status
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Posted on 01-30-16 10:19 AM     Reply [Subscribe]
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Hello Sajha Friends,

I recently got my H1B approval notice for the company I have been working for almost past 2 years as a full-time software engineer. But due to its internal financial reason, the company had to lay off some of its employees and unfortunately I was one of them. I got laid off yesterday with effective immediate date which means I did not get any time to arrange myself for alternatives. What are the immediate options available for me to retain my H1 status in US? How long do I have time before I go out of status?

Looking for any help, ideas or suggestions.
 
Posted on 01-30-16 11:21 AM     [Snapshot: 59]     Reply [Subscribe]
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Since time is limited, i think the best option is consultancy. This is exactly why i prefer consultancy over full time.
 
Posted on 01-30-16 12:06 PM     [Snapshot: 120]     Reply [Subscribe]
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I think 2 months... within 2 months, you will be gone (just my assumption, not sure)
But yes, time is very very limited for you... so first catch a consultancy as soon as possible... they can transfer you H1B... do not bargain on anything now, take what you get... first and foremost, transfer your h1b..
 
Posted on 01-30-16 12:48 PM     [Snapshot: 171]     Reply [Subscribe]
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Check with your employer if they have revoked your H1b. An individual is out of status immediately after his/her h1b is revoked (this is if he/she hasn't managed to enter into another status before the h1b was revoked). If it was revoked and you were not able to apply new h1b or obtain another status, you are out of status.
This does not mean you are out of options. Check with your employer if your h1b has been revoked and find a new employer who can sponsor your h1b asap.
(I'm not a lawyer and just offering you my suggestions. You might want to check with your attorney for legal process)

 
Posted on 01-30-16 4:41 PM     [Snapshot: 338]     Reply [Subscribe]
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Take this as a suggestion:
Not sure but if i understand correctly, it's 30 days (after last day of your job) to find a new job and then transfer(file h1b) with that employer.
Regarding h1b revocation , even if your employer sends notice to USCIS to revoke your h1b, it 'll take a time. So don't worry about that part for the time being.
Your only focus should be on finding a new employer who can file(transfer) h1b for you.
DON'T PANIC. focus on finding new job and employer.

check out the TPS thing too.
good luck

 
Posted on 01-30-16 10:54 PM     [Snapshot: 500]     Reply [Subscribe]
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Thank you all for your valuable suggestions in need. Now I have stopped to panic and have decided to instead focus on looking for jobs/employer/consultancy that can have my H1 transferred immediately. I have also talked with my employer to work out on my PTO leave days to provide me some window period before they revoke my H1.
 


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