. Hey guys. Since Sajha is visited by many nepalese in F1, H1, GC, and even some lawyers, I thought there are some people to give some suggestions in my critical scenario.

I was in H1, and got laid off 2 weeks back. I am trying to find another job ASAP. How long should I try to pursue looking for jobs without changing status (to F1). My employers are not going to release my H1 until I find a job (They will not send letters to USCIS). I have been interviewing for a few companies, and I hope I'll get an offer in next 2 weeks.

But looking at the worst case scenario, if they dont offer me any position citing financial/budget situation what should I do?

1. Should I wait for 2 weeks before changing my status into F1?

2. If I have to change my status in F1 (after 2 weeks) which will take roughly 3 months for change of status, can I still stay in US while the case is pending and continue taking class from Spring?

3. Do you suggest changing into B1/B2 instead?

4. If I change into F1 can I still change back to H1 once I find a job and F1 approved condition? Or do I have to apply for new H1 in April?

Thank you in advance.

 

How long have you been working on H1

why don't you go for H1 transfer
are u working with desi/american company?
whats your background  i mean which technology?

.I was in H1 since last 2 years. I am not with any desi consultancy. I had H1 sponsored by an american company. i am a civil engineer. I need another employer to transfer H1, thats what I have been looking for.

i think indian companies will be best bet for you to maintain your status
once they transfer to theirs you will have time to look for job yourself otherwise they can market you too.
i am also  in same case like yours
i have found many desi interested in transfer but i think its better to start the GC process so that we won't have to go through the same case again
i also did some interviews and waiting for their results but i am going to stick to H1 though but i am also planning to get sth with 2 weeks n have been out of job for 2 weeks like u

-Thanks Gothalo for your suggestion. Btw, what desi consultancy would sponsor Civil Engineers? do you have any contact? I may do the same thing. I think desis prefer IT people havent heard abt others.

please let me know.

Employee, Where are you located?

I am in CA. What about you Nepal ko Lato?

-Any suggestions?

employee,
let me try to answer to best of my knowledge.

1. H1-B status is valid till the day of employment. [ in legal terms ]
[ how do you determine day of employment]
  this is the last day you are in the employer's payroll. Meaning that if the company is giving you a severance for next three months then you would be in their payroll and your H1-B status is valid till the End of that. but if they terminate it immediately [ with or without severance] then that is the last day of valid status.]

best thing to do is get an sponsor to file  transfer before this last day of employment. now depending on situation it will not be possible.

for h1b transfer, you would need last 2 pay-stubs with the filing document. this means that you have that period you can play with [ 2weeks, 15 days, 1 month] based on how you were paid by employer.

legally there is NO FIXED TIME about how soon you have to do it. but to maintain/continue the status without complication sooner the better and within that time frame would be optimal. [  farther it gets from 3 months period harder it will be. but depends on individual case and case adjudicator ]

2. about changing the status from H1 to F1; it totally depends on individual case and how soon you want to start processing the transfer. you can stay in the US during that time but
a. if your case is denied you will have to leave
b. you will have to reapply for visa [ to travel and all that thing]


3. If you have decided to go to school [ as a backup for now and wishing to change back to H1 ASAP without getting a degree then you might think about what will happen if the situation repeats (god forbid) ] . Reason, i am stating this is F1 is a non-immigrant visa while H1 is considered as a duel purpose visa.
i.e. to be qualified for F1 you have to prove that you will return to your home country and you do not have any intention of staying in US. [ everyone knows about the real intention but once again i am stating what law says ]
where as to qualify for H1B you do not have to prove that residency restriction.


4. same thing applies for B1/B2 status as well. just because your change of status is approved by USCIS does not mean that you will get the VISA on your passport at the applying consulate/embassy. [ you will have to prove the residency intention. when you apply for the VISA]

5. if you convert back to F1 and/or B1 then you can simply apply for change of status to H1 with continuation of extension of H1. [ meaning that you do not have to wait for the new quota] if you have not exhausted the 6 year limit. but if you have stayed outside the country for more than 365 days between last H1 status and new filing of H1. you have a choice of
1. filing as a continuation and/or
2. new application [ which has of course the restriction of time et al.. ]

you would need to think carefully about what your choices are. what your priorities are and decide accordingly.

these are personal situations that varies greatly on your individual situations.

glty

=================================================================
as always ..
what do i know (O:

-Thanks for your sugestions thapap!!

 

- Does anybody know if I change my status from H1 to F1, and while the case is still pending, can I again apply for change of status back to H1, after I find another employer? Or do I need to wait until the case is approved before applying for another change of status.

I hope "thapap" can provide some suggestions.

Thapa G,

Thank you for passing such a great information.

Have a great day !!!

Just a note to Employee!!

 

If you intend to change your H1B status to F1, do not have more then 1 month of gap between your H1B expire date and your school start date  because by immigration law, you can only have 1 month of grace period in between. For example, let say your H1B ends on June 1st and your school starts on Sept 1st, then by Immigration law you have to leave the country and re-apply for F1 visa from outside the US. Many people have this impression that you can stay here as long as your application is process before your H1B expires and you receive I20 from School but that is not the case. Recently, one of my friend got into this mess and had to re-apply for change of status through a lawyer because he had a gap of 2 month in between his school start date and his H1B end date (His H1B ended on June 31^st and his school started on Sept 3^rd).

 

Hope this helps you to make some decision.

 

Peace!!!

-Employee Jee,

Always try to have as many safety options as possible. I was in the same situation. I immidiately applied for Canadian Permanent Residency. I continued exploring the companies to transfer my H1B. I found an Indian company who agreed to transfer my H1B without immidiate payroll because they did not have any ongoing project where they can throw me in.  I joined this Indian company and continued to search for projects. After few months I landed in a project and continued to be in payroll.

At the same time I was also in the process of obtaining Canadian Permanent Residency. After a year, I ended up getting Canadian PR. On the other hand, my H1B continued to be smooth till the date and decided NOT to move to Canada. Hence, Canadian PR is another option rather than being in disturbing situation and scaring of being out of status. You will be fine.

 

-Thanks to peace1 and Micky Mouse for your suggestions.

I am exploring several options before I decide what to do. I am actively searching for other employment opportunities. Hopefully I will end up having a job offer soon.

Thanks to all the people who provided their feedback to this thread.

Cheers!

-hello peace1 jee,

for the one month gap between H1b and class start date, how does USCIS determine? is it only the paystubs? what if i present a letter from the last employer stating that i will be employed until, say december 31, even though i will not be. will USCIS investigate the letter?

after changing back to F1, i will not be able to go back to the current H1B and have to reapply for a new quota in april through lottery system.

ex-employee

 

i'm also in the same condition, my h1b job is finishing and i have around 2 weeks left. i am looking for indian consultancy to transfer my h1b but unable to find one who agrees to transfer without project, please let me know if you know any indian consultancy who will do that. also let me know how did you guys come out of this situation.

no h1 no problem. 

Hi all,

I am in the same boat. I am getting laid off at the end of July. Please let me know if you know of any consulting companies that are willing to sponspor. Thanks in advance.