January 2002 - H1B News
Various options for laid off H1B workers

Here are some guidelines for the laid-off H1B workers.

1. Change of status from H1B to F-1

You can change your status from H1B to F1 by filing the change of status application with INS. It may take 6-9 months for approval. You can start attending the school while your application is pending. But you can get assistantship only after approval. When you travel abroad next time, you have to get the F1 VISA stamping.

2. Change of status from H1B to dependent status

You can change your status from H1B to any dependent status (H4 or F2) by filing the change of status application with INS, if your spouse is holding a valid H1B or F1 status. You have to file for new H1B again if you want to work in USA.

Note : For more details about stamping on Status change cases (F1 to H1 / H4 to H1 / or any status change), please visit our article Travel Tips for H1B holders

3. Unpaid vacation

If you are about to lose your job, you can ask for unpaid vacation from your employer and keep your status valid. It is advisable to travel outside USA during your vacation to avoid the questions from INS.