Legal Question in Immigration Law in California

Re: H1b + lost job

You really should consult an Immigration Attorney, because there are many ways to get residency, some of which you may already have. This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation

Re: H1b + lost job

I think that's a tough change of status to F-1 to go from MS to AA communicty college. The education must make sense. If you entered a new masters or higher program then it would be OK to change status to student under that circumstance.

If the time is short since you lost your job and get a new one, you can quickly apply for an H-1 transfer and not do the F-1. Another benefit of this is that if you want to study, you can do that parttime on H-1 anyway, but you must be working for your H-1 employer to do that.

The petition for a transfer is the same as a new H-1.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: H1b + lost job

Your new employer will need to file a new H-1B for you. There is really no such thing as transferring your H-1B from one employer to another. Each employer has to file a new H-1B petition. If you change from H-1B to, say, F-1 and then the new employer files for H-1B status for you, you are not subject to the H-1B cap.

For more details on the effect of layoffs on H-1B workers, including changing status and finding new employment, see here: http://martinvisalaw.blogspot.com/search/label/layoff