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Job Termination: H1B Out of Status

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  • Job Termination: H1B Out of Status


    I was working for Company ABC from July 2009 and my job was terminated last week. My H1B visa is valid till Sep 2012. I believe I am out of status right now. I would like to stay in the US and look for other jobs. What's my best option right now? I've been told to apply for a change of status to B1/B2 Visa asap, is this the correct way? What if I find a job relatively quickly while my change of status application is under review? Is it going to be a hassle for me to go back to H1-B when I get another job? What are the other options? Please help.

    Thank you very much.

  • #2
    B1/B2 is not intended for job search. Also a COS back from B1/B2 to H1B is not advisable (and chances of successful COS back to H1B is less) as it will show your intention for immigration and will cause issues when you go for visa stamping in the future.

    Th best option is to find a employer as soon as possible and apply for a transfer as it is only a week since you are terminated. Or leave the country and try a transfer from your home country. When the transfer is successful, you can return back (Which will reduce your out of status period).
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      Thanks!! When you say transfer do you mean L1? I have a friend's company which is willing to petition for my H1B but they won't pay me any salary or anything, is it still possible to do get the H1B?


      • #4
        There is no such thing as L1 transfer. Only H1B can be transferred. When a company files an H1B petition for an individual, then they are suppose to pay the salary. H1B is a job related petition. When there is no job (no salary) then the transfer is not possible. The information like the project, location and the salary need to be specified in the form I-129 and the LCA and the employer is suppose to pay as per the LCA.
        Not a legal advice. Use of this information is strictly at your own risk.


        • #5
          Thank you very much!! My fiance is a US citizen. If I were to get married to her, how long does it take to get employment authorization? Is that advisable in my situation as I don't think I can afford to leave the country without finding a job and I don't think I will find a job really quickly. Please advise.


          • #7
            I dont think I would be able to work on a K1 visa even if I find a job.

            What is the best way for a person who was on H1-B visa and who got laid off to remain on status and look for another job assuming that it will be hard to get a new job within 15-30 days? Is it worth considering F1 Visa and applying for CPT? If a person were to get married and apply for a Green Card, how long does it take to get the Employment Authorization? If the Green Card application is in process and I am able to find a job and an employer who is willing to petition for the H1-B, will I be able to and start working immediately?