Posted by: thapap October 19, 2008
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let me try to answer to best of my knowledge.
1. H1-B status is valid till the day of employment. [ in legal terms ]
[ how do you determine day of employment]
this is the last day you are in the employer's payroll. Meaning that if the company is giving you a severance for next three months then you would be in their payroll and your H1-B status is valid till the End of that. but if they terminate it immediately [ with or without severance] then that is the last day of valid status.]
best thing to do is get an sponsor to file transfer before this last day of employment. now depending on situation it will not be possible.
for h1b transfer, you would need last 2 pay-stubs with the filing document. this means that you have that period you can play with [ 2weeks, 15 days, 1 month] based on how you were paid by employer.
legally there is NO FIXED TIME about how soon you have to do it. but to maintain/continue the status without complication sooner the better and within that time frame would be optimal. [ farther it gets from 3 months period harder it will be. but depends on individual case and case adjudicator ]
2. about changing the status from H1 to F1; it totally depends on individual case and how soon you want to start processing the transfer. you can stay in the US during that time but
a. if your case is denied you will have to leave
b. you will have to reapply for visa [ to travel and all that thing]
3. If you have decided to go to school [ as a backup for now and wishing to change back to H1 ASAP without getting a degree then you might think about what will happen if the situation repeats (god forbid) ] . Reason, i am stating this is F1 is a non-immigrant visa while H1 is considered as a duel purpose visa.
i.e. to be qualified for F1 you have to prove that you will return to your home country and you do not have any intention of staying in US. [ everyone knows about the real intention but once again i am stating what law says ]
where as to qualify for H1B you do not have to prove that residency restriction.
4. same thing applies for B1/B2 status as well. just because your change of status is approved by USCIS does not mean that you will get the VISA on your passport at the applying consulate/embassy. [ you will have to prove the residency intention. when you apply for the VISA]
5. if you convert back to F1 and/or B1 then you can simply apply for change of status to H1 with continuation of extension of H1. [ meaning that you do not have to wait for the new quota] if you have not exhausted the 6 year limit. but if you have stayed outside the country for more than 365 days between last H1 status and new filing of H1. you have a choice of
1. filing as a continuation and/or
2. new application [ which has of course the restriction of time et al.. ]
you would need to think carefully about what your choices are. what your priorities are and decide accordingly.
these are personal situations that varies greatly on your individual situations.
glty
=================================================================
as always ..
what do i know (O:
let me try to answer to best of my knowledge.
1. H1-B status is valid till the day of employment. [ in legal terms ]
[ how do you determine day of employment]
this is the last day you are in the employer's payroll. Meaning that if the company is giving you a severance for next three months then you would be in their payroll and your H1-B status is valid till the End of that. but if they terminate it immediately [ with or without severance] then that is the last day of valid status.]
best thing to do is get an sponsor to file transfer before this last day of employment. now depending on situation it will not be possible.
for h1b transfer, you would need last 2 pay-stubs with the filing document. this means that you have that period you can play with [ 2weeks, 15 days, 1 month] based on how you were paid by employer.
legally there is NO FIXED TIME about how soon you have to do it. but to maintain/continue the status without complication sooner the better and within that time frame would be optimal. [ farther it gets from 3 months period harder it will be. but depends on individual case and case adjudicator ]
2. about changing the status from H1 to F1; it totally depends on individual case and how soon you want to start processing the transfer. you can stay in the US during that time but
a. if your case is denied you will have to leave
b. you will have to reapply for visa [ to travel and all that thing]
3. If you have decided to go to school [ as a backup for now and wishing to change back to H1 ASAP without getting a degree then you might think about what will happen if the situation repeats (god forbid) ] . Reason, i am stating this is F1 is a non-immigrant visa while H1 is considered as a duel purpose visa.
i.e. to be qualified for F1 you have to prove that you will return to your home country and you do not have any intention of staying in US. [ everyone knows about the real intention but once again i am stating what law says ]
where as to qualify for H1B you do not have to prove that residency restriction.
4. same thing applies for B1/B2 status as well. just because your change of status is approved by USCIS does not mean that you will get the VISA on your passport at the applying consulate/embassy. [ you will have to prove the residency intention. when you apply for the VISA]
5. if you convert back to F1 and/or B1 then you can simply apply for change of status to H1 with continuation of extension of H1. [ meaning that you do not have to wait for the new quota] if you have not exhausted the 6 year limit. but if you have stayed outside the country for more than 365 days between last H1 status and new filing of H1. you have a choice of
1. filing as a continuation and/or
2. new application [ which has of course the restriction of time et al.. ]
you would need to think carefully about what your choices are. what your priorities are and decide accordingly.
these are personal situations that varies greatly on your individual situations.
glty
=================================================================
as always ..
what do i know (O: