Legal Question in Immigration Law in Nevada

lost job on H1B via - what to do

I got laid off from my job that was sponsoring my H1B visa. Now I have 30 days to find a job or else I have to leave the country. In case I don't find a job in this time limit, what are my options to stay here? I have a brother-in-law and sister who also have H1B visa living here. Can this help me in any way?


Asked on 5/04/08, 10:26 pm

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: lost job on H1B via - what to do

Do you know whether you have made the quota this year. What was your status before?You do have different options but having sister on H4 does not help anyway.

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Answered on 5/05/08, 11:46 am
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: lost job on H1B via - what to do

First, you do not "technically" have 30 days. When you lose your H-1B employment you are considered out of status. However, USCIS does often use their discretion and show leniency for those H-1B holders who find a new employer within a reasonably amount of time.

You may have several options including an H-1B transfer, the possibility of changing to a B2 if necessary, if you are married and your spouse is on an H-1 you can change to an H-4 and there may be additional options.

Your brother in law and sister's status are not of help to you. Call me in the office and we'll discuss your options.

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Answered on 5/04/08, 11:57 pm


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