I am an H1B holder but will be laid off in about on Sept 9th, 2019. My first term of the H1B will expire on Sept 15th, 2019. My wife is still an F1 student, but we changed her staus from H4 to F1 and her F1 got approved in May 2019, she did not go out of the country to get her F1 Visa stamped yet, so we are thinking about applying an F2 visa for me.
Do I have a grace period of 60 days after Sept 9th to find a new employer who can transfer or file an H1B visa?
If I have a grace period, Can I file H1B to F2 Change of Status being on grace period(before a week of expiry of my 60 days grace period)?
If I do not have a grace period, I need to file a change of status being on H1B status(let’s say a week before my layoff), would it be an ideal time?
3a) If I find an H1B job while my application is under processing, can my employer start the H1B application parallelly while I am waiting for my decision on F2?
3a.i) If my new H1B gets approved while my F2 is pending, do I need to go out of country and get the H1B stamped, or can I stay in the USA and start working for new H1B job, not sure if there is any way to revoke the F2 while it is in the pending state?
If you lose your job, you get 60 days grace period, which is upto the discretion of USCIS. Read H1B Grace Period 60 Days
Yes, you can. Ideally, work with your DSO and apply for F2 COS much before the layoff with future date.
You can do it ahead of time, if you would like to. But, see, if you can find another job in the mean time and apply for H1B transfer.
3a. , 3ai) Yes, they can, but this will be a Change of status on an existing COS…can be tricky with timing…You can exit the country and re-enter to abandon the COS when it is pending. I would suggest you discuss with your H1B attorney to be sure.
My last date of the job is 9.15.2019, my 1st term H1B expires on 9.15.2019, my i-94 expires on 9.25.2019, do i have 60 days grace period after 9.15.2019, technically till 11.14.2019 ?
Per uscis page , clause §214.1 2)
‘’(2) An alien admitted or otherwise provided status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien’s classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. DHS may eliminate or shorten this 60-day period as a matter of discretion. Unless otherwise authorized under 8 CFR 274a.12, the alien may not work during such a period.’’
That means, I don’t qualify for 60 days grace period and after i get laid off on 9.15.2019, my grace period is only till my i-94 expiry date? Please correct me if I am wrong, or do I still qualify for 60 days after 9.15.2019 irrespective of my i-94
Yes, as your I-94 is not valid, you do not get the grace period of 60 days. The 60 days grace period applies to someone with Valid I-94, when their job gets terminated in the middle of their H1B.
Thank you Kumar
So the only option left with me is to find and apply for H1b before sept 25( date of expiration for i94 ).
And parallely apply for change of status from H1 to F2.
Down the line when my H1B extension gets denied after sept 25. Let’s say I get the result in nov that my H1B Ext got denied.
I still have the F2 pending application status pending.
Is it the best option with my scenario. ?
Appreciate for your help.
As you still have some time, the best option is to find an employer and file H1B Transfer in premium, so that you have a decision soon. Apply for COS only, if you do not find anyone to sponsor H1B as it can take time for COS…Don not go for normal processing, go for H1B premium processing, you will be fine. You still have over 1.5 months, you can make it happen…