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H1b Layoff - Options

Discussion in 'Nonimmigrant Visa Validity' started by Arvind Radhakrishnan, Dec 6, 2015.

  1. Arvind Radhakrishnan

    Arvind Radhakrishnan New Member

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    I was recently laid off and my employment ends by the end of this week. I would greatly appreciate your opinion on my options listed below!

    1. Bridge petition - I understand that if I file for a bridge petition before the end of the week, I can continue my status, but that my bridge petition has to be approved. Can I cancel it once I file for visa from employer #3?

    2. Filing for F2 Change of status - My wife is on F1 but on enquiring about COS to F2, her student advisor mentioned it is not an option as it should have been filed 3-6 mo back as that is how long it takes to process and that I have to visit her university in person to get the dependent I 20. Are these assumptions true?

    3. Filing for B2 Tourist visa COS - If this is the best option, should I file for B2 Change of Status BEFORE my employment ends?

    4. Do nothing - As there is no specific guidline from USCIS, is the grace period between end of employment and filing of new H1B petition 10 days?

    Which among the above is my best option?

    Greatly appreciate your help Ron and team!!
     
  2. Legal Immigrant

    Legal Immigrant Banned

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    1. What do you mean by employer #3? You din't mention any employer #1 and 2. Bridge petition comes into picture only when you had transferred your H1 to some employer and before it's approval, you try to transfer it to yet another employer. You din't mention any such scenario.

    2. I don't know about F2 COS but, as far as it is filed before your H1 end date or your last day of employment (whichever is earlier),, you should be fine.
    3. That is an option too, but, if you are already with I-140 pending or something, chances of approval are bleak.
    4. What do you mean by "Do nothing".. that is always an option and easiest one, right???
     
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  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I would file for change of status to B1 and look for a new job. As soon as you find one, have them file an new H1B petition through premium processing.
     
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  4. Arvind Radhakrishnan

    Arvind Radhakrishnan New Member

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    Thanks Legal Immigration Guru and Ron.

    My employer shall be revoking my petition when my employment terminates. Will any new H1B petition in the future be considered cap exempt?

    If I file for Change of Status to F2, can I change it back to H1B on filing through premium processing? Will my new H1B petition be considered cap exempt? Do you see any risk to changing status to F2?

    Thanks!
     
    Last edited: Dec 8, 2015
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You will be cap exempt for the next six years.
     

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