A friend of mine that is working in a non-profit company will 'have' to quit his job towards end of April'14. A 'for-profit' employer has filed for his H1B and my friend is awaiting his H1B results. He will be competing with other H1B applicants since he is now transitioning from 'non-profit' to 'for profit'.
1) What are his options if he doesn't make it through the lottery and/or H1B approval gets denied?
2) Can he apply for a visitor B2 visa so that he could stay in the US, apply for other non-profit jobs and if selected start working for them?
3) If his H1B gets approved, what will be his start date? Can he start working as soon as his application gets approved or does he need to wait for Oct 1 (because of transferring from non-profit to for-profit?
Your friend needs to schedule a consultation with an experienced immigration attorney as soon as possible. He will be out of status upon termination of employment at which time he will begin accruing unlawful presence. he has limited options and limited time to act.
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Your friend should schedule an appointment with an immigration attorney to ask all of these questions, as certain details missing from the inquiry could give rise to completely different answers.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
Even if his H-1B petition is chosen in the lottery and approved, he can only start working on October 1, 2014. Before then, he needs to worry about how to remain in status or leave the country and wait abroad. Schedule a consultation with an experienced immigration attorney. Please see
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Criminal Defense Attorney
You appear to be concerned about your lawful stay in the United States and wish to remain in the country legally. If that is in fact correct, delegate any of your issues to the counsel of record, as legally appropriate in this situation.
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