How long a person can stay in USA if he looses his job and company revoke his H1
I'm in a difficult situation as I have recieved layoff notice (one month) from my present employer and the last date of my employment will be June-22-09. I believe the present Employer may revoke my H1-B as soon I'm is out of the job. I have the following questions.
1. How long I can stay in USA after my H1-B is revoked by the employer (Legally).
2. My wife will be on 36 Weeks of pregnancy by June 22. Is that a valid reson to stay for 2 months more in USA after june 22?
3. Is it possible to transfer my H1-B to a different employer, if the present employer revokes my H1-B by June 22? or the transfer of H1-B to a different employer should be initiated before my last day of employment with the present employer?
4. Is there any problem in brining my parents to USA on B2 visa at the end of june, even though I loose my job? Will they be caught at port of entry saying your son has no job? the problem is I have booked the travel for my parents and then I have received the layoff notice.
If any one has any answers on these questions, please post it here. I went through old threads, but did not find any thing related to this subject.
Your parents should not enter the US. Pregnancy is not a reason for them to do so. How do you expect to fund their stay when you are unemployed? You will need to change their travel plans anyway so save the money and cancel their trip.
You are out of status as of your last day of employment. You have been given significant notice of layoff and should make arrangements to COS effective that date to B2 status. Be sure to COBRA your heath insurance or you will be liable for your wife's medical expenses out of pocket.
Last edited by simran; 06-02-2009 at 11:49 PM.
Reason: Plz, no comments of personal nature
Thanks Mr Reddy and CNCD1. CNCD1, Its an individuals personal decision when and where to have baby. As far as I'm concerned, I have enough money to support my family and my parents. And I was offered a insurance of 3 months as a layoff package and 3 months salary. So I have no trouble there.
By the way, DO you know how to convert H1-B to B2 status? what’s the procedure for that? If I change my visa to B2 , is it possible to convert the B2 to H1-B if I find a job in 2-3 months?
B2 is not to be used for job search. Its better to find the job and initiate the transfer (if needed premium processing) to avoid any issues at later stage.
Your parents won't have any issue at POE as they (authorities in POE) may not aware of your job loss at that point of time. Generally it takes more time for USCIS to process the H1 revoke, also mostly companies won't do that as it involves some money to file(attorney fee). The moment your are out of job, you are out of status. But you get some grace time around 10days (not sure) to go back to your country. Your status is associated with an active h1 and your job.
USCIS expects you to provide last 3 months pay stub for approval of h1 transfer. Say you get your pay stub for June by July 1st you have up to July 2nd week for filing h1 transfer with less issues. More than that, there is good chances USCIS can ask you to provide additional pay stubs.
Also I doubt Airlines accept 32 weeks pregnant to travel. One of my friend couldn't get his wife from India as she was around 32 weeks at that time.