I recently just got layed off at my job, as such my H1b got terminated. Please what are my options in order to remain in the USA. Can i still convert back to F-1 VISA. And as at the date of my termination, what is my grace period to leave the country if i do not want to violate immigration law
Technically your H-1B status ended when you were laid off by your employer. Contrary to popular belief, there is no grace period for H-1B employees to depart the U.S. If you are eligible for another nonimmigrant visa, USCIS may grant the change of status or extension on a case by case basis depending on how long you have been out of status. I would contact an immigration lawyer as soon as possible to see if there is any other way you can remain in the U.S. It is not so simple to "revert" back to your student visa if you are on H-1B because you have not been maintaining status as a student. If you remain out of status for 180 days or more, you could trigger the three year bar. Be sure to bring all of your expired visa paperwork, approval notices, and passports so that the attorney can assess all of your available options.
The above communication is for general information purposes only and does not create an attorney-client relationship. To provide accurate information pertaining to your situation, you would need to attend a private consultation where you and your attorney can discuss all the factors that may apply to your particular situation in order to determine if there is any immigration benefit available to you.
Before your H – 1B status ends you must file for a change of status to another category. If the H-1B status has ended you are not granted a grace period to remain in the U.S. You can request the employer to continue to maintain your H – 1B job position until such time that you can file for the change of status to another category. Good luck to you.
You have been out of status since the date on which you were terminated. You should consult with an attorney to discuss the possibility of obtaining a new visa.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
You lose status upon termination and there is no grace period permitted in the books.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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