F-1 Visa

H-1B layoff options - Going to home country and applying for jobs, going through the lottery again and documents required to apply for a new visa to explain missing pay stubs

Question details

I am on an H-1B visa and recently got laid off.

If I don't find a job within the 60 days grace period:

1. Can I go back to my home country and keep applying for jobs and then come back once I get one? If yes, would I have to go through the lottery again?

2. If not, what are my options?

3. What additional documents do I need to provide while applying for my new visa to explain the missing pay stubs?

4. What does the company that let me go send to the USCIS as documentation for termination of contract?

 

Video URL
FAQ Transcript
  1. Sure, you can go back to your home country. No, you do not have to go through the lottery again.
  2. H-4 and F-1 CPT visas would be options.
  3. You actually just need a copy of your H-1B approval.
  4. If an employer wants to conclude an H-1B, they have to do three things: First, they have to inform the employee that their job is terminated. Second, they have to offer the employee a one-way ticket back to their home country. Third, they have to put it down in writing and request that the H-1B be revoked because they have to write to the USCIS.

Recording for February 23, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

Immigration Law

Discussion Topics:

FAQs: H-1B visa cap exemption - How does the 6-year rule work? || Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?|| H-1B visa layoff options - Going to home country and applying for jobs, going through the lottery again, documents required to apply for a new visa to explain missing pay stubs and the contents of the documentation for termination contract sent by the company to the USCIS

Recording for February 02, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

Citizenship and Naturalization

Discussion Topics, Thursday, February 02, 2023:

FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

F-1 change of status and H-4 expires

Question details

If I were to file for F-1 but my H-4 was going to expire would I have to file for an H-4 extension?

Video URL
FAQ Transcript

No. So if within the life of your H-4 you apply for F-1 change of status and if the H-4 expires that's fine. By the way, H-4 allows you to go to school. As soon as you file for the F-1 you should  be able to continue going to school. Also check with your DSO.