H-1B layoff options - Going to home country and applying for jobs, going through the lottery again and documents required to apply for a new visa to explain missing pay stubs
I am on an H-1B visa and recently got laid off.
If I don't find a job within the 60 days grace period:
1. Can I go back to my home country and keep applying for jobs and then come back once I get one? If yes, would I have to go through the lottery again?
2. If not, what are my options?
3. What additional documents do I need to provide while applying for my new visa to explain the missing pay stubs?
4. What does the company that let me go send to the USCIS as documentation for termination of contract?
- Sure, you can go back to your home country. No, you do not have to go through the lottery again.
- H-4 and F-1 CPT visas would be options.
- You actually just need a copy of your H-1B approval.
- If an employer wants to conclude an H-1B, they have to do three things: First, they have to inform the employee that their job is terminated. Second, they have to offer the employee a one-way ticket back to their home country. Third, they have to put it down in writing and request that the H-1B be revoked because they have to write to the USCIS.
Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?
I recently renewed my green card EAD; the first EAD card expired on 04/2019. I had filed for renewal before the expiration. The USCIS provided a 540-day auto-extension based on the renewal application. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023.
The new card is valid from Jan 2023 till Jan 2025. Will having EAD Cards with gaps in the start and end dates cause an issue?
Gaps are normal. If the gap is abnormal it is wise to discuss it with your lawyers to ensure that there are no potential problems or risks.
H-1B visa cap exemption - How does the 6-year rule work?
I got a H-1B approval in 2020 and stamping was done in 2022, due to personal reasons, I have decided not to travel to the US. My question here is at a later point in my career, will I be eligible for the CAP exemption for the different sponsor, even If I never visited the US using the stamping? Also whether this cap is exempt till 6 years from approval time or forever(but the 6 years clock starts from the time I enter the US)?
The six-year period should be counted from the date your H-1B was approved.
Is cap gap extension continuation of F-1 status?
My F1 status will end with EAD, correct? EAD ends on June 25th and in July-August I was planning to use H1b Cap gap until I start my PhD program
PERM Processing Times (as of 1/31/2023)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | May 2022 |
| Audit Review | March 2022 |
| Reconsideration Request to the CO | June 2022 |
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Immigration Law
Recording for February 23, 2023 Conference Call with Rajiv S. Khanna
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Nonimmigrant Visas
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Discussion Topics:
FAQs: H-1B visa cap exemption - How does the 6-year rule work? || Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?|| H-1B visa layoff options - Going to home country and applying for jobs, going through the lottery again, documents required to apply for a new visa to explain missing pay stubs and the contents of the documentation for termination contract sent by the company to the USCIS
Feb 24, 2023, Rajiv in QnA on behalf of students and young professionals
Nonimmigrant Visas
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Updated USCIS form - Form N-565
USCIS recently updated the following form:
Form N-565, Application for Replacement Naturalization/Citizenship Document