How long can u stay after u lost ur job

[missyouhoney 1]

Hi. My neighbor just lost his job 15 days ago. He keeps telling us that he has up to 6 months ( to sell his car and his furniture, and according to him, find another sponsor who sponsors him and hopefully stay ) to leave the country. I keep telling him that the grace period is no more than 30 days.

Who´s rite?

Thanks.

[Harsh_77 718]

you are right it is only 30 days.

[missyouhoney 1]

you are right it is only 30 days.

Seems like he can change his status, from H1B to B2 so he can stay longer, perhaps that's what he means. I didn't know one could do this......

[Penguin_ie 5,995]

I don't think he can change his status from inside the USA to a tourist visa, he'd need to go to a US embassy abroad to get the new visa.

[Harsh_77 718]

I don't think he can change his status from inside the USA to a tourist visa, he'd need to go to a US embassy abroad to get the new visa.

You can change status in US, the status would be on paper it would not be stamped in the passport.

By doing that only he can stay in US for additional time, but if he get another job say on day 45 then he cannot transfer his H1.

At end of six months he will have to leave.

[aayitrun 66]

technically there is no grace period. the employer has to give him a return ticket otherwise he can file a complaint with dol for a return ticket. generally uscis overlooks 30 day gaps between employments because they understand that u have to find a new job, but... there is no grace period. the day ur fired is the day ur out of status.

[aaron2020 11,651]

technically there is no grace period. the employer has to give him a return ticket otherwise he can file a complaint with dol for a return ticket. generally uscis overlooks 30 day gaps between employments because they understand that u have to find a new job, but... there is no grace period. the day ur fired is the day ur out of status.

Please point to the US law that states "the employer has to give him a return ticket otherwise he can file a complaint with dol for a return ticket."

Please also point to the USCIS policy where USCIS "understand that u [the former H1-B visa holder] have to find a new job."

-------------------------

The H1-B employer is not legally required to buy a ticket for the H1-b visa holder under any US laws or US regulations. This may be a legal obligation under the employment contract, but it is not one imposed by the US government.

An H1-b visa is linked to a particular employer. If the job ends, USCIS is not understanding about the visa holder finding another job. Imagine - hey, it's cool that you are out of status. No worries. Go find another job. Don't worry about the unemployed American.

H1-b visa holders are suppose to go home if they lose their jobs unless they have another legal means to remain in the US. This is a fundamental part of the agreement to get the H1-b visas.

[aayitrun 66]

Please point to the US law that states "the employer has to give him a return ticket otherwise he can file a complaint with dol for a return ticket."

Please also point to the USCIS policy where USCIS "understand that u [the former H1-B visa holder] have to find a new job."

-------------------------

The H1-B employer is not legally required to buy a ticket for the H1-b visa holder under any US laws or US regulations. This may be a legal obligation under the employment contract, but it is not one imposed by the US government.

An H1-b visa is linked to a particular employer. If the job ends, USCIS is not understanding about the visa holder finding another job. Imagine - hey, it's cool that you are out of status. No worries. Go find another job. Don't worry about the unemployed American.

H1-b visa holders are suppose to go home if they lose their jobs unless they have another legal means to remain in the US. This is a fundamental part of the agreement to get the H1-b visas.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-3422.html

search for "reasonable costs of return transportation" on the page.

while there is no grace period, almost all visa IO's overlook a slight gap between h1-b when giving u a new approval notice. speaking from personal experience.

yes if u spend months, its obviously not going to work since they need recent paystubs during the filing of the transfer.