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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11213
Experience:  Write FOR JAMES to get my help!
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I am currently working on a H1- visa. I might be -off this

Customer Question

Hi,
I am currently working on a H1-B visa. I might be laid-off this week. How can I remain in legal status after being laid-off? Should I file a change of status to B-2 on the last day of my employment and find another job? What are the risks associated with this status change?
Also, I may get 1-2 months of pay as severance package. Can I legally be on H-1B since my Payroll will run during this time? Does the employer-employee relationship end on the last day of employment or at the end of the severance pay period?
Thanks,
Raj
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Expert James replied 9 months ago.

Hello! Thank you for using Just Answer. I am James. I will be assisting you. Please allow me some time to review your question.

Expert:  Expert James replied 9 months ago.

As we work through your questions, think about this as a conversation. I will ask you questions until I have the information I need, and then I will provide you with an answer. Don’t worry - it might take some time, but we will get through it together.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

QUESTION 1: Should I file a change of status to B-2 on the last day of my employment and find another job? What are the risks associated with this status change?

ANSWER: No, you should not wait that long. If you know you are going to be laid off, I highly recommend you file the change of status as soon as possible. You can continue to work until the date you are terminated or the change of status is approved. If you wait to file on the date you are terminated, then you might find that you are answering questions pertaining to potential gaps in status. Why would you want to put yourself in that situation?

QUESTION 2: Also, I may get 1-2 months of pay as severance package. Can I legally be on H-1B since my Payroll will run during this time? Does the employer-employee relationship end on the last day of employment or at the end of the severance pay period?

ANSWER: Technically, your H1B status ends on the date you are n longer employed and actually fulfilling the obligations as set forth in the Labor Certification and the I-129 petition. So even if you are getting paid a severance, you are not employed and thus you are not maintaining lawful status.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

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Thank you!

Expert:  Expert James replied 9 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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