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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4093
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am holding H1B visa which is valid till June 2017 and

Customer Question

I am holding H1B visa which is valid till June 2017 and pasted on my passport. My petition is also valid till that same date.
I case my employer terminates my employment I would like to know how many days I can stay in USA as Out Of Status legally, what are terms and condition.
Suppose I get a job say for e.g. after one month's time after termination of my job can it is possible to transfer H1B Visa with new employer and what are likely scenario & consequences for the same.
If in case my employer revokes /cancel my petition and inform USCIS on termination of employment and suppose I get the job after revocation of petition by USCIS can it is possible to have H1B visa transfer with new employer and what are likely scenario & consequences for the same.
Regards,
Sanjay
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 9 months ago.

HI Sanjay, my name is ***** ***** I will be the immigration attorney helping you today.

how many days I can stay in USA as Out Of Status legally, what are terms and condition? Legally there is no grace period once your employment is terminated. You are supposed to depart the US as soon as possible -usually USCIS will understand if you depart within 10-15 days so that's the recommended time. However you actually do not receive a bar from returning to the US until you have remained in the US at least 6 months out of status. At that point you would receive a 3 year bar from returning. If you stay 1 year out of status you will receive a 10 year bar.

If you get a second job after your first job is terminated, you cannot do a "transfer" here in the US because you will already be out of status. You can only do a transfer while you are still in valid status. Once you're out of status, you would have to depart the US and reenter the US with the company's petition.

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Customer: replied 9 months ago.
Hi Jennifer ,
Thanks for response. So I can stay in USA Legally as OUT OF STATUS FOR 180 days without being Bar from entering the USA.Thanks for this information.
In regard of NEXT job as you mentioned since I will be Out of Status if I get NEXT job after termination of my current employment hence I have to DEPART USA and re-enter USA with New Petition once again with NEW STAMPING on Passport. So it means that I have to Revisit USA Consulate and Get Once again STAMPING on Passport with New Company Petition. Although I have already Stamping till 2017. So my Old Stamping will get Cancel and new Stamping will be done on Passport in USA Consulate . Please confirm on my understanding
Can I will be allowed to Work in USA for NEW Employment till the time I visit USA Consulate to get new Stamping with New Petition for New Employer? OR When my H1B Petition is Under transfer to New Employer and is under due consideration with USCIS.Is it require everybody in the family to visit Consulate OR Only H1B holder can visit for stamping. My Wife is On H4 Visa . Kids are USA Citizen. I would like to know do H4 Visa holder also need to travel to consulate for stamping or can it be done later also. Can we visit any nearby country USA consulate for stamping or it is mandatory to go home country for stamping.
Thanks & Regards,
Sanjay
Expert:  Jen Marie, Esq. replied 9 months ago.

So I can stay in USA Legally as OUT OF STATUS FOR 180 days without being Bar from entering the USA.Thanks for this information. YES CORRECT. BUT I DO NOT RECOMMEND WAITING ALL THE WAY UNTIL 6 MONTHS. THE SOONER YOU LEAVE THE BETTER TO INCREASE YOUR CHANCES THAT YOU WILL HAVE ISSUES TO RETURN
In regard of NEXT job as you mentioned since I will be Out of Status if I get NEXT job after termination of my current employment hence I have to DEPART USA and re-enter USA with New Petition once again with NEW STAMPING on Passport. So it means that I have to Revisit USA Consulate and Get Once again STAMPING on Passport with New Company Petition. Although I have already Stamping till 2017. So my Old Stamping will get Cancel and new Stamping will be done on Passport in USA Consulate . Please confirm on my understanding. IF YOU ALREADY HAVE A STAMP YOU DO NOT HAVE TO GET ANOTHER ONE YET, YOU CAN JUST LEAVE AND COME BACK WITH YOUR NEW H1B PETITION BUT YOU SHOULD GO TO THE EMBASSY/CONSULATE JUST IN CASE.

Can I will be allowed to Work in USA for NEW Employment till the time I visit USA Consulate to get new Stamping with New Petition for New Employer? NO, NOT IF YOU DID NOT SUBMIT H1B TRANSFER BEFORE YOUR CURRENT JOB TERMINATED.

OR When my H1B Petition is Under transfer to New Employer and is under due consideration with USCIS.

NO, NOT IF YOU DID NOT SUBMIT H1B TRANSFER BEFORE YOUR CURRENT JOB TERMINATED.

Is it require everybody in the family to visit Consulate OR Only H1B holder can visit for stamping.

IF YOUR WIFE IS ON H4 THEN SHE HAS TO GO TO AND REENTER BECAUSE SHE WILL BE OUT OF STATUS TOO AS SOON AS YOU ARE TERMINATED WITHOUT HAVING A NEW H1B TRANSFER ALREADY FILED (BEFORE YOUR TERMINATION). YOUR KIDS DO NOT HAVE TO GO IF THEY ARE US CITIZENS.

Can we visit any nearby country USA consulate for stamping or it is mandatory to go home country for stamping. IF YOU ARE OUT OF STATUS YOU SHOULD GO TO HOME COUNTRY BUT YOU CAN CONTACT NEARBY CONSULATE AND ASK IF THEY WILL TAKE YOU

I HOPE THIS CLARIFIES AND I HOPE I HAVE NOW EARNED YOUR POSITIVE RATING. THANK YOU FOR YOUR CONSIDERATION.

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