My job was eliminated and my employer has given me one month to find another job. I have a graduate degree. What are my immigration options to remain in the US legally.
Yes, employer must pay airfare. No, there is no grace period. However, in reality, if you are diligently seeking a job for a month, you can ask for discretion, which will probably be granted. This has been my personal experience.
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I agree with the first answer. While you are technically out of status, you will not face a bar to reentry if you leave within 180 days of falling out of status. You may want to speak to an attorney to get advise on your options.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Michael Campise, Ferro and Cuccia (212) 966-7775
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Absolutely not. Yes, the employer is liable to pay you for a one-way return ticket to your home country.
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.
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I agree, there is no real "grace period," but employer does need to pay your way home. Depending on your particular situation, you may be able to request a 'Change of Status" to a different visa category (for example, if you have a spouse who is on an F1, you can change to F2).
Alternatively, if you find a new employer with similar job soon, you can file a "change of employer" and "port" your H1-B. An experienced attorney could help you do this properly.
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I am sorry! Suggest to your employer that you stay on unpaid leave/take accrued vacation time for a few weeks till you find another job and can have the new employer file for a transfer H1.
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