Any immigrant living in the United States need to maintain his/her visa status to continue their stay in the U.S. without having any legal issues. While on H-1B, the candidate needs to continue working having his/her pay-slips received to legally hold the H-1B status and not get out of status.
When does someone get out of status while on H-1B?
The answer is a little complicated. U.S Citizenship and Immigration Services (USCIS) consider termination date based on when it stops receiving pay-slips from your employer. However, this is true only if your employer has not already sent a request seeking the withdrawal of your H1B sponsorship. Once this request is received by USCIS and processed, you are out of your H1B status.
How long USCIS takes to process the request to revoke your H1B status is not set in stone?
Typically, USCIS takes a few weeks to process this request and you can certainly use this time to plan your next course of action. If your employer provides you two more months of paychecks at regular pay schedule as part of the severance package, then it is quite possible that adjudication officer may deem that your H-1B status expires on the last day that you were on your company’s payroll, as specified on your pay stubs.
Here are some options to consider when you go out of status (H-1B):
Option 1:
You will need to start looking for a new employer who can sponsor a new H1B request for you.
Option 2:
Apply for a B2 (‘Visitor for Pleasure’ or Tourist Visa): This gives you up to 6 months before you must leave the country. This should give you ample time in which to find a new employer who can sponsor your new H1B request.
Option 3:
Apply for an H4 or L2 (Spousal dependent or immediate relative): This is applicable only in case you have a spouse already working in the country on an H1B visa, whereby you can transfer your H1B to H4 or L2 visa that is dependent on your spouse.
Option 4:
Apply for a F1 (Student Visa): This would entail that you join an educational institution and become a student.
Option 5:
If you have your EAD card, you are lucky. EAD is not tied to an employer, and hence termination of your previous job has no bearing on your right to continue working in the country.
Option 6:
Return to your home country . There are a lot of opportunities in India and you can easily find a good job there.
Do you know this?
If you were on H-1B and changed to F1 due to out of status issue and reapplied for H-1B, you are considered CAP-EXEMPT. If you are counted in the H-1B quota in the last 6 years, you are not subjected to the cap and you can start working immediately once your H-1B is approved.
I am out of status for 8 months my I-94 expired in month of OCt and Applied H1B denied in month of February on basis of paystubs and other factors. Again applied from new h1b in April and got approval on may without I-94 for 3years. The reason for my stay is we are close to delivery date in month of April and as result we could not able to leave country as per doctor advice since she is already in 8th month. So the doctor finally said you fly after June. So what are my chances of h1b stamping getting approved.
I came to US on H4 visa (July 2011) and applied for H1B (April 2012) the next year. I started working after getting my H1B approval (Nov 2012) and worked for 2 years(till June 2014) till I found out that my H1B was revoked a year ago(Sept 2013). My employer or I did not receive any notice from USCIS informing us of the revocation. This makes me out of status for over 10 months (Sept 2013 to June 2014). Even the H4 I was on, expired 5 months ago (Jan 2014) so I cannot move back to H4 immediately. My husband got his H1B extension as is valid till Jan 2017. What are the options and can I get a new H1B (cap exempt) if I find a new employer to file my H1?