Skip to main content

Fired on H1B. What are the options?

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. 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 as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


  2. 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.


  3. 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.


  4. 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 information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics