Immigration Law Questions? Ask an Immigration Lawyer.
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Are you saying that you did not apply for the change of status BEFORE you were laid off? Are you thinking that you have a "grace" period?
Yeah i did not apply before i was laid off i understand the law has no defined stipulated amount of time as from when one is aid off.But again i am aware there is no grace period but want to have this done before expiry of 30 days and i didnt have any notice
Unfortunately, immigration won't care that you did not receive any notice. Since you are not allowed to have even one day of being out of status, you cannot get back into status unless you have a U.S. Citizen spouse or son or daughter over 21 that petitions for you or unless you win Asylum or similar protection. So other than that the only other possibility through employment to stay is if an employer filed a green card process for you and you could get the PERM approved, the I-140 approved and file the I-485 within 6 months of falling out of status and then you could use the 245(k) provision to excuse the time out of status. Since I assume that you would not qualify in an I-140 category that has a current Priority Date, that would not be a viable option for you.
So then the only other thing you can do is find a new H-1B employer or a university to accept you and then leave the U.S. as quickly as possible (never staying more than 180 days out of status) and have that employer or university apply for you to come back. The faster you leave, the easier it would be to convince an immigration officer that your overstay was reasonable and would not happen again.
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