| | | | | Additionally, you can't change your status to any other |
| It's pretty clear that the economy is bad with only a | | | | status once you are laid off since you are no longer in |
| few holdouts are denying it at this point. So what to do | | | | valid non-immigrant status. That means you'll have to |
| when you are on an H1B visa and you get laid off? | | | | leave if you try to change your status. |
| Well first of all don't panic. You likely have a visa that | | | | |
| lasts for years at this point so you are NOT accruing | | | | So what do I do?? |
| unlawful presence even though you ARE out of | | | | |
| status. What in the world does that mean? Well, simply | | | | I can't answer that question for you. However, I can |
| put too much unlawful presence means that you will | | | | say that you aren't supposed to be here (and I would |
| not be allowed back into the US for many years. | | | | never advocate that you violate any immigration laws) |
| Specifically, 180 days to 365 days of unlawful | | | | BUT if you quickly find a new and appropriate H1B visa |
| presence means that you will be barred from the US | | | | sponsor you MAY get lucky and the USCIS MAY |
| for three years should you leave and attempt to | | | | allow you to change employers without leaving. It's |
| return. Anything over a year results in a 10 year bar to | | | | certainly happened before and, arguably, you getting |
| reentry should you leave the United States. | | | | laid off isn't your fault and you and your new employer |
| | | | | shouldn't be punished for you getting laid off. In other |
| But I'm out of status so I'm accruing unlawful presence | | | | words, you shouldn't have to spend the money to |
| right? | | | | leave the US, get your new H1B issued, and then |
| | | | | reenter costing you and your employer time and |
| No, not at all. The date on your I-94 rules your world. | | | | money. The likely worst case scenario in this instance |
| So if you still have time on your I-94 then you are not | | | | is the USCIS issuing you an H1B but making you leave |
| accruing unlawful presence until that date has passed. | | | | to get your new visa stamped. But you'll have to find |
| | | | | an appropriate job and beg for mercy from one of the |
| GREAT! I'll just stay! | | | | most merciless agencies in the United States! |
| | | | | |
| Well the bad news is that you ARE deportable since | | | | Good luck! |
| you are out of status so that's a really bad idea! | | | | |