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H1-b emploment ending soon. What to do?

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  • H1-b emploment ending soon. What to do?

    hi,

    Currently I am on a H1-b and my employment will end 31st of Aug (last paycheck). How long can I legally stay in the US on my current status if my 1-94 expires in December?

    If I cannot legally stay beyond 31st of Aug and if I am out-of-status, can I apply for a tourist visa, look for a job and then convert back to H1-b? I have currently finished 5 yrs of my H1-b.

    Would it be hard to go back to H1-b once I get a tourist visa? i.e. is this a risky strategy?

    Any other way I can stay here legally and/or do a change of status?

    thanks very much for your help!

  • #2
    The best option is to find a new employer and file the H1B transfer as soon as possible. If the H1B transfer is filed with the lastest payslips, you can start working for the employer based on the receipt notice. Filing a COS to B1/B2 to look for a job is illegal. Also a COS from B2 to H1b will lead to unnecessary questions from USCIS and from the consulate when you attend the visa interview next time. That would show that your primary intention to get B2 was to look for a job and not for tourism.

    So either find an employer before you go out of status on H1B and file the transfer or leave the country.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Right now it seems very difficult to find an employment so my next question would be : is there any grace period of any sort? Is my I-94 date my last day of status or is aug 31st the last day of status?

      thanks!

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      • #4
        There is no such grace period. The date of the last pay check is until when you are legally considered to be in status. You will go out of status starting September 1st. When you are out of status, a transfer or a change of status is not possible.

        Originally posted by hardycar View Post
        Right now it seems very difficult to find an employment so my next question would be : is there any grace period of any sort? Is my I-94 date my last day of status or is aug 31st the last day of status?

        thanks!
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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