H1B Layoff and Visa Transfer options.

USA H1B Visa
1

Hello Friends,

I am layed off and on compnay payroll until Jan 18th 2016. Not sure if my company would file for cancellation of my H1B visa. My Visa is valid for the company until

Nov 2016.I also have an approved I-140 PERM from the current employer for green card. I have the receipt number too.I had family issues and to resolve them I am in

INDIA. THey have now been taken care of.I am in the process of interview with 2 companies.

Question: How can I maintain a valid Status in USA.

Option 1: Apply for a B-1/B-2 tourist visa.Is this a valid option?
Q: Should I come to USA before applying for a tourist visa or apply for the visa first and then arrive to USA but before 18th Jan. I would prefer the later, please

confirm.
Q: What is the approximate expense for the same.
Q: If I get a job the employer would need to apply for change in status to H1B from B-1/B-2 tourist visa. Will the new H1b be valid immediately after application/will

I be able to work immediately after application or will it be on a lottery basis and validity start date would be OCtober 1st 2016?

Option 2: Apply for a dependent visa based on my wifes F1 status.
Q: What are the chances of approval of my F2 Visa.
Q: What is the approximate expense for the same.
Q: If I get a job the employer would need to apply for change in status to H1B from F2 dependent visa. Will the new H1b be valid immediately after application/will I

be able to work immediately after application or will it be on a lottery basis and validity start date would be OCtober 1st 2016?

Option 3: Get a job and continue the status. I am working on it but the timeline is lengthy. so would need a workaround.

Option 4: Apply for a F1 Status.
Q: What are the chances of approval of my F1 Visa.
Q: What is the approximate expense for the same.

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Are you in India at the moment?

3

Yes I am in india. Thank you

4

Too many questions were asked, but I will try to answer few of them.

Best two options to return to US are:

  1. Find another employer and have them file cap-exempt H-1 (aka H-1 transfer) for you. Once approved, return to US on their petition to work for them. You don’t need to wait for April to file this and it can be filed anytime. Also, you can enter soon after you have approved petition and visa stamp.

  2. File F-2 dependent visa based on your wife’s F-1 and return on the same. Once in US, find an employer and file COS from F-2 to H-1. Involved cost is just the visa stamping fees.

If you enter US on your current H-1 petition, you need to take an action prior to Jan 18. This could be moving to another visa status like F-2 or B-1/2, or file H-1 transfer.

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Hi Saurabh,

What is the approximate expense for visa transfer from H1B to either F2 or B1/B2

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If you are referring to COS while inside US, then it is $290 (you need to file form I-539).

If you are referring to cost of applying them from outside US, then it will be same as current visa filing fees (I think it is $190 or something).

In either case, F-1 filing includes submitting SEVIS fees (not sure what the number is).