| Q. |
Termination on H1B
Hi Sir,
I got a termination notice from my employer on last friday saying that my last day with the company will be the Friday November 14 2008.
I talked to my employer's immigration dept. head, they said how ever they are laying off
me on November 14 , but they are not cancelling my Visa untill December 14 2008. So they are going to cancel my H1B on Decemeber 14 2008.
So here my question is Can I find another employer and can transfer my H1B visa by by the date they cancel my H1B visa that is Decemebr 14 or do I need to tranfer before my last day with the employer that is November 14.
Thanks,
Praveen
User's Location:
Rockville, Maryland, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
Thank you for your question.
The effect of cancelling your H-1B visa on December 14 would be that if you wanted to start for a new employer, you would have to apply for a new H-1B petition approval - this means that although you will not be subject to the quota, you will have to wait until the application is approved to start working.
If you find a new employer, your new employer can file an H-1B transfer application between November 14 and December 14 which would mean that you will be allowed to start working for the new employer immediately upon filing.
Obviously, it is much better for you to find an employer who is willing to file your H-1B as soon as possible - the best scenario would be to file before December 14.
Please let me know if you have any further questions or comments or 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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| Q. |
Thanks Dimitar for your reply.
Even though they don't cancel my H1B immediately, am I going to be out of status from the day I been laid off because they are not paying me from the laid off day onwards.
To stay legal, is it recommended that to file a change of status application to B2.
I appreciate your time in answering my question.
Thanks,
Praveen |
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| A. |
Praveen-
Technically, H-1B does not have a grace period so you start accumulating unlawful presence on the day following the day of your layoff. If you are able to find an employer who will file an H-1B transfer application for you quickly (within a couple of weeks or so) then you should not file change of status to B visa. However, if you discover that it would take you a longer period of time to find an employer who would hire you, then you should consider filing an application to change status.
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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