Layoff on H1-B - Please help

[smuggy_bomb]

I'm on H1-B and work for a US company and the layoff cloud is looming large over my head. I have familiy here in the US - wife studying and a kid.

What options do I have if a layoff happens suddenly and quickly? Can I stay in the US for some time after being laid off?

[cncd1]

Your employer should supply you with transportation to your home country for yourself.

You could convert to F2 if your wife is on F1.

As the economy continues to decline, it should be much harder for H1Bs to get jobs. If you remain in the US without a job, you will be out of status which will adversely affect you in the future. You will be out of status by not being employed.

[simran]

I'm on H1-B and work for a US company and the layoff cloud is looming large over my head. I have familiy here in the US - wife studying and a kid.

What options do I have if a layoff happens suddenly and quickly? Can I stay in the US for some time after being laid off?

technically u will be out of status from day 1, but uscis usually don't send RFE if files for xfr with in 4-6 weeks.
i will suggest u to find a comp who can file for H1 xfr and if u want u can do it now, atleast in the last min, u can join them if it requires.

[smuggy_bomb]

Thanks ccnd and simran. Couple more questions:

1.) My wife is on H4 and we filed for student visa COS 1.5 months back - technically she has not got student visa yet - If a layoff happens in my case, can she continue to stay and pursue her education?

2.) Is there a possibility of my moving COS to B1 or B2 and then once I find another employer, come back to H1-B.

Layoff is a really scary thing man :(

[cncd1]

She will be out of status as well. She cannot study on B2.

Have her check with the DSO to see what times they are seeing on COS to F1.

I suggest that you address your questions to her school's DSO as they may have other suggestions.

Layoffs are scary for US citizens too because we have no other country to go to in order to search for another job. At least you can return to your home country. We are stuck here and competing with guest workers like yourself for the limited number of jobs.

[smuggy_bomb]

Thanks for the reply cncd1.

How can we find employers who file H1 transfer immediately in case of layoff. Any "good" consultants for this? Any catch?

[cncd1]

I personally am opposed to this strategy as consultants are supposed to have a job opening for you by law. They are not just a visa holding spot as too many guest workers are using them. They are required by law to pay you from the time you join them. Read the reports; this is not being done.

I am advising you that if you join a consulting firm knowing that he has no work for you and that you will be benched without pay that you are knowingly participating in an illegal activity.

If you are laid off, you must either find a legitimate employer or convert to another visa status or return to your home country.

It is unfair for you to expect preferential treatment when US citizens are in the same situation and cannot go to your country and work.

[simran]

Thanks for the reply cncd1.

How can we find employers who file H1 transfer immediately in case of layoff. Any "good" consultants for this? Any catch?

start looking locally or in ur region specially indian consulting companies, u may find them and talk to them. even as i suggested, if u file for xfr now u can join anytime, its not reqd to join immd on approval.

[smuggy_bomb]

cncd1 - no one likes to work with a desi consultant who doesn;t pay u. I work for a fortune 50 comp and a layoff might happen, u have to be prepared. My wife and kids go to school, have a house mortgage, car lease....how can someone leave this all and go back to india in 10 days.

Simran - If I transfer the visa to some other company and a layoff doesn't happen, can I continue to work with my existing company without any further paperwork.

Thanks for your time guys.

[simran]

cncd1 - no one likes to work with a desi consultant who doesn;t pay u. I work for a fortune 50 comp and a layoff might happen, u have to be prepared. My wife and kids go to school, have a house mortgage, car lease....how can someone leave this all and go back to india in 10 days.

Simran - If I transfer the visa to some other company and a layoff doesn't happen, can I continue to work with my existing company without any further paperwork.
eventhough xfr gets approved, u r not reqd to join new company. u can keep continue working with ur current company

Thanks for your time guys.

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[H1aspirant2007]

Hi Simran and others,

Do we need to have latest paystubs to xfer the H1?
My project will come to end soon. After that I am planning to search for a new project through my current employer.
Now if he is unable to get me a project within a month or so I will xfer to another firm. However, I wont have latest paystubs to initiate the xfer...

Please suggest!!

[simran]

yes u do need most recent paychecks for xfr.