| Q. |
H1 Visa
I am working with Company A. And company A has sponsored my H1. My H1 was approved this year and is active since 10/1/08. Now A is having layoffs and I am among the many affected. So my last day of employment is 11/14/08. They are going to notify USCIS about the same. How many days do I have (from my last date of employment) before I have to leave the country or till I find another employer to take care of my H1? My H1 should be transferred in this time or should my application go in before the end of this period.
User's Location:
Edison, New Jersey, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
Thank you for your question and I am sorry to hear about your layoff. There is no grace period after termination or layoff, so technically you will have to leave the country or find a new employer on November 15th or earlier. In reality, this does not happen and I urge you to take proactive action.
You should avoid being out of status after November 14. Ideally, you should find an employer who is willing to transfer your H-1B **before** November 14. This way you will be able to start working for the new employer immediately. It is important to file the H-1B transfer before November 14th, it does not have to be approved before November 14th.
If you are unable to find a new employer who would be willing to sponsor your H-1B transfer, you will most likely have to file a new H-1B application once you find an employer and you will not be able to start working immediately upon filing.
Please let me know if you have any further questions or comments or if you need any further help.
Best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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