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Do I need to leave the country or can I stay while a new employer sponsors my H1b visa?

Washington, DC |

I was working as a legal consultant for a consultancy firm based in D.C. I was laid off back in October. The Company told me that they are willing to wait a couple of weeks before they report it to the labor department and UCIS to give me sometime and find a new job (notice sent by Mid November). As you are aware, to find a job in the law profession is quiet difficult. I have an employer that is willing to sponsor my H1b now. Is it advisable to leave the country and get a new visa stamp (risk of being denied re-entry) or stay in the US while the new sponsor is being processed?

Attorney Answers 3


If you have been out of status for less than 180 days, you will need to go to your home country to get the visa stamped. I strongly suggest you leave before the 180 day period.

The advice suggested here is for general information only and not to be construed as legal advice.

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You might not want to post online that you are in violation of the law. You would be well advised to speak with an attorney experienced in H-1B matters in a private consultation.

Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.

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Whether you have to go home or not will depend on how long you have been out of status. Good luck.

This answer is not intended to replace a consultation with an attorney and does not create an attorney-client relationship. Please do not contact me expecting additional free advice. If you contact me privately, I will email you an invoice for a consultation and will advise you only after the invoice is paid. Thank you.

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