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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28073
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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FOR JUDITH: I am on H1- and recently lost my job

Customer Question

FOR JUDITH:I am on H1-B and recently lost my job (termination date: July 14, 2016). I have the company's payslip for July 29, 2016 which indicates salary deposit into my bank account (for unused vacation days). I have checked the USCIS website and my H1-B petition is currently active. Please advise on my legal options for stay in the US:1. My wife is a MBA student (on H4) and we are thinking of applying F-1 visa for her for the same MBA program. She came to the US on H4 visa and then started this MBA program and we tried applying for her F-1 earlier, but got a RFE. I was thinking of being her dependent on F-1 visa until I find a new employer who could transfer my H1-B.2. Are we eligible to stay in the US based on her application receipt for F1 visa or does she need to have confirmation (I-797)? Will this I-797 be provided by the university?3. Can I change status from F2 to H1-B? When applying for H1-B, do I need an I-797 confirmation to start working with the new employer or is the receipt sufficient?Thanks.
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Judith replied 2 months ago.

Thank you for requesting me.

There is no grace period following termination from your employment. You would be out of status as of July 29, 2016.

1. You can attempt to apply for a COS from H1B and H4 to F1 and F2 but by the time the school issues the I-20 you will be weeks out from having pay stubs to date of filing the COS and it probably would be denied.

Your best and fastest solution is to have your employer provide you return transportation as required and for you and your wife to apply for your F visa stamps back in home country.

2. The I-797 fee receipt for the I-539 change of status does not give you any permission to attend school but allows you to remain here while the applications are pending in a period of stay authorized by the attorney general if TIMELY FILED. Your application would not be timely filed because you are no longer working and in status.

See this USCIS link

3. A new employer can apply for a change of status from F2 to H1b but you cannot begin work on the receipt but have to wait until petition and change of status is approved.

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