I was laid off a month ago and my former employer will revoke my visa in 5 days. I have two new employers who will transfer my H1b visa over to them. However, will I have to leave the country while we wait for labor application to be approved? I was also thinking to change of status to a visitor visa--will I be able to do this instead? can I apply for H1b transfer at same time?
If you have already been counted against the H-1B cap, you can port to another employer as soon as the new I-129 petition has been properly filed and received by USCIS. There is no need to leave the U.S. in order to accomplish this goal. Hire a good immigration attorney to represent you if you do not already have one!
Yes you can. To be on the safe side change your status to visitor visa. File your application as soon as you can.
Elkhalil Law Firm, LLC
Disclaimer: This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.
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