General Nonimmigrant Visa

H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling

Question details

Case: Picked for H1B lottery.

- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?

- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?

- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?

- Are there any travel restrictions from June to Sept

 

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FAQ Transcript

In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.

Recording for April 25, 2024 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs:

1) H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling

2) Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending, or approved

3) What is Cap Gap extension? How does it work?

4)Is it COS to change from cap-exempt H-1B to cap H-1B?

April 13, 2024, Rajiv in QnA session on behalf of students, young professionals

Immigration.com

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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney

Unemployment Benefits for H-1, H-4 + EAD Holders with Previous H-1B Employment

Question details

Can someone in H4 + EAD status receive unemployment benefits if they only worked on H1b status? Would receiving such benefits be considered a public charge or have any other negative impact down the road?

 

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FAQ Transcript

Unemployment benefits in the US vary by state and can be complex. If you are an H1B visa holder who has been laid off, you may be eligible for benefits during your 60-day grace period, but it's important to confirm with your state's unemployment office. Regardless of your visa situation, it's important to remember that unemployment benefits are considered an earned benefit funded by your employer's contributions, so there's no public charge concern. Always check with your state's unemployment office for specific requirements and the application process.