Legal Question in Immigration Law in New York

Re: H-1 visa termination

There are different options that you may want to consider. You should speak with an attorney immediately to determine the best option for you at this point.

Re: H-1 visa termination

If you wish to continue working in H1B status, I would recommend finding a job and employer that is willing to sponsor you ASAP as you could potentially port to a new position without being subject to the cap assuming you have already been subject to the cap. Other options may be available to you as well depending on your particular situation, but time is of the essence. Feel free to contact me for more info. Thanks.

Re: H-1 visa termination

I am sorry to hear about your recent layoff.

There are certain measures that should be taken immediately to preserve your immigration status in the United States.

Since your H-1B classification derives from approved employment, your H-1B status ended on the date your employment ended, last Friday. There is no grace period.

With that said, you have a few options:

(1) Should you decide to return to your home country, your former employer is required to reimburse you (but not your dependents) for a one way travel back to your residence abroad.

(2) Should you decide to remain in the United States, you must change your status to that of a visitor for business or pleasure (B-1/B-2 visa classifications) immediately.

If you have dependents in H-4 status, you should file also applications on their behalf for them to remain in legal status.

Please be advised that once you fall out of status, it may be difficult for you to extend/change your status from within the United States. Moreover, you may be required to return to your home country and obtain a visa in order for you to legalize your status. In addition, under certain circumstances you may begin to accrue �unlawful presence� in the United States. Should you accrue more than 180 days of unlawful presence, you will be subject to a three (3) year bar from returning to the United States. Accruing more than one year of unlawful presence will subject you to a ten (10) year bar.

I would be happy to prepare your change of status application. Such application should be filed immediately. Please email me for a consultation, tomorrow, at [email protected].

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice. Responding to this inquiry in no way establishes an attorney client relationship between us, however, I look forward to exploring these issues with you further by way of telephone consultation.