Skip to main content

Fired on h1b

New York, NY |

Hi I recently joined new company and after a month laid off from my current employer B on 7th jan 2013.
I am on h1b visa valid till nov 2015(h1b started on oct 2010 with company A) and wife on h4(company A).
I am looking for h1 transfer from consultancies.

1) I need to know how much time do I have to stay in usa legally?
2) Also if they apply for my lca and apply for h1b transfer(regular speed) without client letter, does it work or not? And provide them client letter in 1 month or so as I will get contract job?
3) Is "Change of status" option helpful in my case. How much do you charge for the same and how soon shall I file for that?
4) Can I apply for PR of canada as I have relatives over there?

Please let me know as I am in a tensed situation right now.

Attorney Answers 3


1) In reality and under the law, no time at all. You are supposed to depart the US after a "reasonable" time for liquidating and selling your things here (14 days would be the norm, but actual circumstances may vary.)

2) NO. That will never work.

3) YES. COS is the only viable option in your situation if you want to remain in the U.S. until securing a new H-1B employer. Attorneys fees vary according to attorney's experience and the complexity of the particular case in question. Call a few attorneys in your area to find out. ASAP! You have no time to waste..

5) That's up to the Canadian authorities to decide and this question should be posed to a Canadian Immigration lawyer. We here are all US immigration lawyers and know nothing about CDN law.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Mark as helpful

5 lawyers agree


I agree prior reply. You may be able to do a change of status. I would schedule an appointment with an immigration attorney to go over all the options available to you. We cannot advise you concerning Canadian immigration laws. Good Luck.

The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.

Mark as helpful

2 lawyers agree


I agree with my colleague. Also, you need to file for Change of Status IMMEDIATELY. Any delay at all would result in a denial of the COS application as being untimely. Also, keep in mind that acquiring Permanent Residence in Canada could be a long and drawn out process. I know people who took three years before being granted a visa to immigrate to Canada. Plus, the countries are very different. You may want to find out if you even like Canada before you begin talking about immigrating there. At this point, you owe it to yourself to contact an immigration lawyer in the New York area, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.

Mark as helpful

1 found this helpful

3 lawyers agree

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics