Laid Off On H1b With 2 Months Grace Period Ending

[jank001]

Hi Friends!
I recently got laid off from my company on 03/31/17. I still have no luck getting a new job. Considering 2 months grace period, I have only 9 days left. After talking to few friends and a lawyer, I can think of these few options to maintain my status here. I would really appreciate your advice on these options or if you can suggest any other options.

my visa status: I140 approved (priority date is July 2012)

Option 1: I asked my company to give me sabbatical for 4 months. which they approved. So, one I find a new job, I can just do a normal h1b transfer. One problem could be, my H1B transfer can still be denied as I am still in the US on sabbatical.
Please advise if this is still a good option? I am thinking to travel outside us on 06/01/17 and comeback after 2 months to avoid any sabbatical related questions (as I will be outside us for 2 months)

Option 2: I might get an offer from a tech consulting company but they need to file h1b transfer with consular processing. But I have to go outside us to get new stamping, which may be risky.
Please advise if there is any issue with visa approval in this case?

Option 3: I leave us to and keep looking for a job. Once I get something, a company will transfer my h1b. and I can't come back until it gets approved. As there is no premium processing, it could take 4-6 months.
Please advise on when can I come back to us? and how? (on b2 or h1B)

Option 4: change my status to B2 and once I get a job change it back to H1B. but I heard that B2 can still take 3-4 months to get approved.
Please advise if I get a job next months while my B2 is under process, can I still apply for H1B transfer and stop B2? or what is the process to get B2 and then change it to h1b once I get a job.

Thank you all for your time and help! I really appreciate it.

 

[FlyingRon]

I answered this on the other forum. You have foolishly waited until there are less than seven working days left to ask this question? Your best bet is to get a hold of an immigration attorney IMMEDIATELY. If you have new prospective employers, they need to be in contact with their lawyers immediately as well.

You have three options:

1. Get an extension (I believe you can get ONE sixty day extension to the grace period).
2. Apply for a change of status to something before the sixty days are up.
3. Leave the country before the sixty days are up.

What you do not want to do:

1. Have your former employer commit immigration fraud by lying about your employment status retroactively nor you making the representations that you were employed when you were not. You can be deported and subject to a lifetime ban for that immigration fraud.

2. Apply for a visa/status that you don't have any chance of getting. It's strongly possible that a B2 is going to be denied to you as you're clearly not using it for the temporary visit it was intended for. While the application is pending, you won't be out of status, but when denied you'll be retroactively illegal present back to the time your grace period ran out (if not to the original termination date).

Note, there's no such thing as a "H1B transfer" really. The new employer must jump through all the H1B hoops (including showing that the search for a US national didn't yield any candidates, which means publication requirements which if they've not already done, may be impossible at this point). The one good thing on your side is that there are a few things you don't have to do on the new visa, primarily being concerned about the caps.

 

[jank001]

Thank you for the advice. interestingly my lawyer didn't mentioned about getting another 60 days extension. I will give him a call asap to discuss and start the process.

Thanks you once again.

 

[jank001]

I just found a company who will transfer my H1B with internal project. and meantime (it take 4-5 months) I will find another client project with them.

Quick Que, Just want to confirm that Can I wait till my H1B gets approved with this new company (4-5 months) and can still be in status with no pay stub for next 4-5 months?

 

[FlyingRon]

Huh? Whoever is holding your H1B visa now must pay you. If they're not paying you, they are not employing you. If you are not being employed you have 60 days to get out (or apply to adjust status). It sounds very much like you and your existing employer are committing immigration fraud. Good luck. You have a lawyer, run all your half-baked schemes by him first.

 

[jank001]

Thank you for the response. I have started new job with my new consulting firm and they started my pay stub from day 1.