Immigration.com

Layoff while on an H-1B visa - what if I cannot find a job in 60 days?

1 year ago By Chief Editor
Question details
  1. I am on H1B VISA and was notified that my employment will end on January 20th. I am actively seeking new job opportunities. Can you please let me know what happens if I am still interviewing after 60 days and become out of status? 
  2. Do I have any other options to change my VISA status before/after my employment is terminated and I fail to secure a job before the 60-day period is over? 
  3. Does my VISA become invalid after the 60 days or can I still find a job and reactivate it if I get an offer after the 60-days?
FAQ Transcript
  1. You file for B-1 B-2 and you can do it online. You do not go out of status. Do it within 60 days.
  2. No, it does not.
  3. Talk to your lawyers. I think applying for tourist status is probably a good strategy.

Consequences of employer withdrawing I-485 Supplement J

1 year ago By Chief Editor
Question details

Currently working with Employer B.
My PD - EB2 India, Aug 2013 with old employer A
Sep 2022 - Filed I485 with Employer A's I485J (which he provided that I will join his consultancy company)

  1. I always intended to join him but we couldn't find a new project in this market. He mentioned he is going to withdraw the I485J and I140.
  2. Will it be a right-away denial, RFE or USCIS will issue NOID?
  3. If USCIS issues RFE/NOID and the response date is after the 180 days mark - Can I provide 485J from my current Employer or any other employer or self-company?
FAQ Transcript

1. It is not required by the law.
2. Probably a NOID and if USCIS wants to be nice to you they will send you an RFE giving you more time.
3. If USCIS issues an RFE you have to wait 180 days from the date of filing and after that you should be able to submit any employers I-485 Supplement J.

 

Qualifying for EB-1C green card by working abroad for a year || Expected processing times for EB-1C for an L-1A visa holder from India

1 year ago By Chief Editor
Question details

Background:
Working in the US on H1B, approved I-140 7 Years back in EB2. Now, there is an opportunity in my current company to manage 1 or 2 employees outside the US. And the same in the US. If the EB2 India dates don't have a good future after this year, I am thinking of going out of US work in managing capacity and coming back on L1A and trying EB1C.

1: With just 1 or 2 employees (senior resources e.g. VPs or AVPs in the financial domain ) reporting to me, how are the chances to get EB1C approved?
2: In your opinion, do you see EB2 India touching 2015 anytime this year, considering they have some spill over from last year? Or you suggest a plan for EB1C if the situation exists?

 

FAQ Transcript
  1. It is a very difficult question to answer.
  2. It is difficult for anybody to predict as it is all  statistical and there are so many variations possible

Entering the U.S. on a visitor visa while green card is pending || qualifying for Visa Waiver Program (VWP) || Spouse visa through H-1, L-1, or O-1 || Any special visas for UK, EU, Singapore, Dubai or Australia

1 year ago By Chief Editor
Question details

Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?

FAQ Transcript

Regarding the rules for getting a spouse visa through H-1 L-1 or O-1 nothing has changed.

It is certainly fine traveling with a tourist visa to the US after marriage, if you can convince the government that you are not going to break the laws which means staying in violation of your visa.

Regarding the US having any special agreements, there are only two kinds of visitor visas: regular ones and visa waiver or ESTA visa. There are special visas for example in Australia there is something called an E-3 visa which is very much like an H-1B and more or less a dual intent visa.

Recording for February 02, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, February 02, 2023:

FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

L-1 Layoffs

1 year ago By Chief Editor 2 comments
Question details

If someone is on L-1 and got laid off, what are the alternatives?

FAQ Transcript

Pretty much the same as H-1. 60 days grace period and if you still cannot find a job, leave the country or convert to student status if you want to go to school or B-1/B-2 if you want to just wait it out and look for jobs.

 

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