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I got laid off on 7th Sep 2013 and came back to India after staying one month as out of status. Can I go back using same visa?

Ocean, NJ |

I got laid off on 7th September 2013 and stayed for a month in US to look for a job . Will it be considered out of status as I got two payrolI after being terminated. I did not got any job and came back to India. Can I go back to US with the same h1b visa for any onsite interview, if it is not revoked? If not, I also have B1 visa for the same company which is valid for 10 years and was approved before my H1b was approved. Can I use this B1 visa to enter US for my onsite interviews. How long can I stay in US on B1 visa?

Attorney Answers 4


  1. You can always try to be readmitted on your existing H-1B visa, but you will have to "lie through your teeth" to the CBP officer at the airport when he/she will ask you whether you are still employed by the XYZ Co, - very bad idea. You can try to be admitted on your still valid B-1 visa, but if you tell the officer coming for "job interviews", chances are you will not be let in.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. I agree with the answer of my distinguished colleague. Use the B1 Visa only. Do not take unnecessary risjs that can hurt you. Good luck.

    Leonard R. Boyer, Esq. 201-.675-.5577. If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. You are not inadmissible yet if that is what you are asking. You can only use H1 visa when you hve an underlying petition which is approved and a job opportunity available.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. Talk to the ex-employer. If he can re-employ you, you can use that H1 visa to re-enter, else use the B1.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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