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H1B unemployed - can I come back as with an ESTA?

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  • H1B unemployed - can I come back as with an ESTA?

    Hi everyone and thanks in advance for your attention and responses.

    My H1B is about to kick off on October 1st (yay) but since April, things have gone south with my firm, I kinda burned out and I'm considering quitting end of November to go back home (France) and spend much needed time with the family.
    I would like to come back mid-January for touristic purposes - ski season in the PNW. Now here are my questions:

    1. Is being on H1B, abroad and unemployed a bad situation? In other terms, can I job hunt from home (France) without it penalizing me?
    2. As I mentioned, I'd like to come back strictly for touristic reasons. Can I re-enter as a tourist, under an ESTA for 90 days, considering that I "should" be under the H1B status?
    3. Or even better, can I re-enter on my H1B status, even though I wouldn't have a job and an offer letter to present to the CBP?

    I'll go to a immigration lawyer to get professional guidance, but I would like to ask the community on this forum as well!

    Thank you so much for your time reading, we all in this together

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