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Do I need to leave the country or can I stay while a new employer sponsors my H1b visa?

Washington, DC |

I was working as a legal consultant for a consultancy firm based in D.C. I was laid off back in October. The Company told me that they are willing to wait a couple of weeks before they report it to the labor department and UCIS to give me sometime and find a new job (notice sent by Mid November). As you are aware, to find a job in the law profession is quiet difficult. I have an employer that is willing to sponsor my H1b now. Is it advisable to leave the country and get a new visa stamp (risk of being denied re-entry) or stay in the US while the new sponsor is being processed?

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Attorney answers 3

Best Answer

If you have been out of status for less than 180 days, you will need to go to your home country to get the visa stamped. I strongly suggest you leave before the 180 day period.

The advice suggested here is for general information only and not to be construed as legal advice.


You might not want to post online that you are in violation of the law. You would be well advised to speak with an attorney experienced in H-1B matters in a private consultation.

Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.


Whether you have to go home or not will depend on how long you have been out of status. Good luck.

This answer is not intended to replace a consultation with an attorney and does not create an attorney-client relationship. Please do not contact me expecting additional free advice. If you contact me privately, I will email you an invoice for a consultation and will advise you only after the invoice is paid. Thank you.