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My employer who's holding my H1B visa shut down the office on 11th Jan 2013. Is my stay authorized? Can I still work?

San Francisco, CA |

I'm working at a client location, who wouldn't sponsor for H1-B. What are the options that I have.
Please advice.

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Attorney answers 4


No, because your H1B is tied to your employer. You need to either change status or leave the country and find another employer.

Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.



Thanks for you reply. Do I have any grace period to Change status?

Gintare Grigaite

Gintare Grigaite


You are most welcome. I highly recommend that you meet with an immigration attorney to discuss this further.


Authorized? No, it it doesn't appear so.
Still work? No

Options? Meet in private with an attorney today ... if you are at the client site when you read this ... and are positive that your employer is shut-down and that you won't be getting any more paychecks .... pack your things and leave the building (after calling an immigration lawyer and making an appointment for today.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Consult an attorney immediately. There is no grace period and change of status has to be filed on or before the last day of work for the employer. Change of Status can be filed electronically. You cannot delay. I cannot stress that enough.

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.


Talk to an immigration attorney. Relevant information is missing - is the employer a company? Did they close an office location or are closing the business? Were you informed that your services are terminated?

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. If you would like additional information based on this response, please contact my office at 510 657 7665 to schedule a consultation.