Fired on H1B. What are the options?

Asked 4 months ago - Los Angeles, CA

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?

Thanks!!

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    22

    Lawyers agree

    Answered . 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... more
  2. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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... more
  3. Wendy Rebecca Barlow

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  4. Alexander M. Ivakhnenko

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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