urgent help with H1

[vikramb]

Hello everyone..currently i am working as a full time employee of company and i have H1. i will get laid next week. How much time do i have to be in status..Please suggest are there any other options??

[itstsc]

You will out of status the next minute you left the job in this on H1B.  One month grace period is good to search a new job for filing H1B with new employer.  Because TWO LATEST PAYSTUFF are required to file H1B from the new employer.  LCA(LABOUR CERTIFICATION) is must before filing H1B.  LCA is taking 7 working days from the date of filing.  After LCA received again the employer has to sign on LCA and then H1B will get filed.

[itstsc]

If the H1B sponser employer not found immdiately, change your status to H1 to F1 by taking an admission in PG diploma.  So that you can work as a part time.

[Technikfreak]

Sorry to hear about it.

If you are terminated, there's no grace period. Some people and attorneys claim there is 10 days grace period rule. The "so called 10 day rule" only applies to the validity of H1b before and after the petition begins and ends. It is not applicable how long H1b worker is allowed to stay in the US while searching for a new job. It is better that you file a change of status to something like B2 Visitor, F1 Student, until you find a new job. You can change back to H1 status once you find a new job.

I would also advise to use EAD ( if you have one) to secure alternate employment as you can start work immediately without having your new employer file your H1B petition, and if you are unable to find new employment quickly, you will remain in legal status. However, as long as you remain in valid H1b status, you can request your new employer file petition on your behalf.

Good luck