Legal Question in Immigration Law in Michigan

Currently on H1-B, recently lost job...what now?

I am employed on an H1-B visa. I have held this visa since Mar2000. I was recently given notice by my employer.

I would like to remain in the US and am actively seeking employment with another company. What do I need to do to stay in status and comply with current immigration law? i.e. how long can I remain in the US looking for another job?


Asked on 4/06/04, 10:32 am

5 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: Currently on H1-B, recently lost job...what now?

Please e-mail me your resume. Are you willing to relocate.

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Answered on 4/07/04, 11:18 am
Hamel Vyas Bagia&Associates

Re: Currently on H1-B, recently lost job...what now?

The H-1 provides you with 10 days grace period after you have been let go. Since you have been let go, your employer is also obligated to pay for your return trip home (if that is what you chose to do). There are several options available to you to maitain lawful status in the United States depending on the circumstances of your H-1 and if you find new employment. If you would like, please contact me at my office 215-922-5354 to discuss further. Good luck to you!

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Answered on 4/06/04, 11:13 am
Neena Bohra Law Offices of Neena Bohra

Re: Currently on H1-B, recently lost job...what now?

Since you have already been given notice, your H is effectively terminated. You have a grace period of 10 days to wrap up your affairs and leave the US. After that time, you will start to accrue unlawful presence in the US.

You may have some options, you may email me for a consultation. I have an office in MI also.

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Answered on 4/06/04, 11:41 am
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: Currently on H1-B, recently lost job...what now?

I would advise that you retain an immigration attorney immediately to attempt to remain in status and comply with the terms of your admission. One of the ways to accomplish that could be adjusting status from H-1 to B-1 without leaving the US.

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Answered on 4/06/04, 11:42 am
John C. Talpos Talpos & Arnold

Re: Currently on H1-B, recently lost job...what now?

Hello, I have received a copy of your posting regarding your immigration problem. I showed it to Mr. Davud Paruch who handles all of my immigration matters.

His response is: the BCIS may permit a "port" if filed within 30-60 days of termination, but technically a person becomes out of status as soon as the employment is terminated. Some employers will permit individuals to take "leaves of absence" to stay technically employed while seeking a new position, and that option may be explored." If you have further questions or would like to retain him,please give us a call at (248) 743-6800.

John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 4/06/04, 2:52 pm


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