QUESTION
I got laid off on 5/2/2016 so I am unemployed and out of status asof 5/3/2016. My i94 expiry date is 08/14/2017.what are the available options
Asked on May 05th, 2016 on Immigration - Pennsylvania
More details to this question:
I got laid off on 5/2/2016 so I am unemployed and out of status asof 5/3/2016. My i94 expiry date is 08/14/2017. I used to get bi-weekly pay stubs. I have last pay stub as of 04/29/2016 and would be getting a final paystub of 05/02/2016. Also, my company has informed me that they will send a letter of revoking my H1B petition to USCIS in 2 weeks….so it means they can send it by 05/13/2016. I am getting an offer from a consulting firm (company A) on their internal project and they are ready to transfer my H1B immediately but most likely to ask signing a bond to work with them at least for 6 months. Also, my Salary Package would be much less than what I used to get in my last job. So in short; I really do not want to take the job opportunity from Company A. I am also expecting another job offer from another company B in next 2-3 weeks. And I am pretty much interested to take this offer. what are the available options?
1 ANSWER
You need to plan to depart the United States immediately. You are out of status and accruing unlawful presence. There is no grace period when a person is terminated from employment. You will likely face difficulty transferring to a new employer, because you will not be in status at the time of the transfer. If you depart the country, you can still transfer the H-1B. You will be able to return once the transfer is approved. Accrual of 180 days or more of unlawful presence will trigger a bar to admission. You can read more about H-1B at http://myattorneyusa.com/termination-of-h1b-employment.
Answered on May 05th, 2016 at 2:27 PM