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Left US after layoff on H1B - B1 or visa waiver?

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  • Left US after layoff on H1B - B1 or visa waiver?

    Hey guys,
    I was laid off on H1B 2 months ago and chose to leave the US since my lawyer said I’d be on the safe side if I left within 10 days of my last day of work. My H1B is still valid for another year so I’d like to look for a new job. I am aware that you are not allowed to look for a new job with a B1/2 visa but it makes it really hard to land a new job from outside the US so that is the only option I see.

    Here is the question: I am going back and forth between applying for a B1/2 or just using the visa waiver program to enter. B1 would allow me to stay for 6 months while I’d have to leave the US on the visa waiver within 90 days. However I heard that, should you be denied a B1 visa, you are no longer able to use the visa waiver program to enter the US. So while I prefer the B1 visa, I would like to find out if I run a risk of getting my B1 denied since I still have a valid H1B.

    I read up on it, it seems quite common to go the route of B1 after you are laid off on H1B. I could argue that I need a considerable amount of time to resolve things in the US that I wasn’t able to when I got laid off etc. but it seems to be the riskier path.

    What would you guys recommend? I’d like to apply for a B1 to give myself the 6 months but don’t want to run the risk of being denied entry or having my H1B dismissed in my passport…

    thanks guys,

  • #2
    Does anyone have any input? I am sure people have had to leave after they got laid off on H1B and wanted to come back?

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