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Posted on 02 Aug 2009
Q.

H1B Lay off

I got laid of on Thursday (7/30) from a Full Time position without any notice and am on H1B visa.Wife is working and is on H1B too.
(a) Can i do COS to H4 now?(8/3) I heard you should remain in status to do COS. I do have the latest pay stubs as of last week and am expecting a severance paycheck next week. With these proofs, what are the chances of my COS getting approved?
(b) Also if i manage to get another H1B sponsoring job, can i shift to it whilst the COS is still pending? Will there be any issue with the new H1. Does the new H1 come under the quota and should i wait till October to start working? I am planning the COS with the hope that i will get another job soon but i would like to remain in status. Please advise on how i should move forward in this case.

User's Location: Irvine, California, United States of America
Category: H1B Visa (Work Visa)
Posted on 03 Aug 2009
A.
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User_thumb_31_Photo_James_Mayock

James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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