H1b Transfer

[chloe27]

Hi! I would appreciate anyone who can help me on this question. I just got terminated by employer on an H1B visa. I would like to go to US using my tourist visa to find a new employer so I could have an H1 transfer. My question is: Is it easier to find an employer if you were previously issued an H1B visa since you're not included anymore with the quota or "cap"? Do employers prefer applicants who have already been issued an H1B visa?

Thanks in advance!

[shervin143]

First of all what you are trying to do is pure illegal. B1/B2 is not meant for searching jobs in U.S. Also, a COS from B1/B2 will show your immigrant intent and will cause a lot of issues when you attend the visa stampings in the future as immigrant intent on B1/B2 is a big NO NO. If you previously had an H1B petition within the last 6 years and if you haven't used all 6 years in that CAP (H1B + L1 Combined), then any employer can file a new H1B petition using that CAP and request an immediate start date. When the petion gets approved, you can travel using that petition any valid H1B visa stamped (Even if the H1B in your passport is stamped for your previous employer). You can find an H1B sponsor from your home country. It is not required for you to travel in B1/B2 for that and invite unnecessary troubles.