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Project ended H1B Valid also have B1B2 - can I stay in USA unemployed? until new job

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  • Project ended H1B Valid also have B1B2 - can I stay in USA unemployed? until new job

    Hi,
    I'm currently in USA with following Visa status
    H1B - Valid till June 15, 2017(i94 as well). Visa extension applied by my current employer and approved by latest project.
    I also have B1/B2 regular visa with no annotation valid until 2018.

    Now my project has ended with current employer, and they are asking me to move to offshore if I do not find any project in this week.
    My questions are around my possibilities to stay in USA

    Question 1. If I resign on last day of this week, can I stay in USA since my H1B is valid till June? and then I can find new visa sponsor employer.
    Question 2. After one week, can I stay in USA based on my B1B2 visa and search for another job for H1B transfer. Provided I resign on last day of this week.
    Question 3. If I get selected to another employer who is ready to transfer my visa, what will be safe period for me to resign and not keeping me Out Of State status.

  • #2
    Originally posted by demosthenescrown View Post
    Hi,
    I'm currently in USA with following Visa status
    H1B - Valid till June 15, 2017(i94 as well). Visa extension applied by my current employer and approved by latest project.
    I also have B1/B2 regular visa with no annotation valid until 2018.

    Now my project has ended with current employer, and they are asking me to move to offshore if I do not find any project in this week.
    My questions are around my possibilities to stay in USA

    Question 1. If I resign on last day of this week, can I stay in USA since my H1B is valid till June? and then I can find new visa sponsor employer.
    Question 2. After one week, can I stay in USA based on my B1B2 visa and search for another job for H1B transfer. Provided I resign on last day of this week.
    Question 3. If I get selected to another employer who is ready to transfer my visa, what will be safe period for me to resign and not keeping me Out Of State status.
    1)If you resign then stay here in US you are out of status and you will become illegal.
    2)If your Employer Decides to send you offshore. Then you have to follow his rules. Because he pays you salary. He has to show that they paid you during the tenure you were here in US as their Employee.
    3) You can find another employer and ask them to find a project and Do H1 Transfer. From Monday you should be on their payroll.
    4) The only option I see is Go to a local Collage or University and Take Admission in Any course. This will transfer your status from H1 to F1 and You can stay legally here. You can resign from your employer and stay in US legally. In the mean time Your New Employer can file H1 for you.

    Best of Luck.

    Comment


    • #3
      school

      Of course if you choose the school option as suggested then you would have to apply for the student status. but then what would you do for money and do you have the funds to stop working and go to school?
      This is my opinion not legal advice.

      Comment

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