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FOR JUDITH: I am on H1- and recently lost my job

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FOR JUDITH:I am on H1-B...
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: 1 year ago.Category: Immigration Law
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8/3/2016
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 year ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,281
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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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

https://www.uscis.gov/tools/ombudsman-liaison/practical-immigration-consequences-foreign-workers-slowing-economy

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.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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