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Unemployed for 30 days on H1B... Please help :(

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  • Unemployed for 30 days on H1B... Please help :(

    I was fired from my last job a few weeks ago, and am just about to hit the 30 day mark on being unemployed on the H1B. I have applied for a B-1 visa, but haven't received a decision yet. It will be 30 days on Monday.. What can I do to stay in the US? If the B1 is approved I think it is ok, but I may not even find out by Monday. Should I leave immediately the country in that case?

    I can find a job given another month but it seems very risky to stay here without a valid visa. My H1B was very recently approved so I have 3 years left on it. Does anyone have experience with this?

  • #2
    Your COS from H1B to B1 will take along time to get a decision. Also, B1 is for a specific purpose. It is not for giving interviews or to find job. On that basis, when you file a COS from B1 to H1B, the chances of that COS getting approved is very slim. Since you are currently out of status, H1B transfer to another employer is not possible. Your option to avoid any petition / visa related issues in the future is to leave the country. Any employer can file a H1B transfer for you as a consular process. Once the petition gets approved, you can use the newly approved petition to travel back (You will need a valid h1B visa stamped in the passport) to work for that employer.
    Not a legal advice. Use of this information is strictly at your own risk.

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