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Laid off on H1b on 10/1. How can I legally stay in the country while searching for a new job and remain eligible to work?

Fresh Meadows, NY |

What are my options? Should I apply for B2 immediately, or would this jeopardize a future H1b transfer once I do find a job? I am eligible for the VWP, but not sure if i can transfer back to H1b on that.

Here are my known facts:
· Last date worked: Fri, 9/28/12 (also legally effective date of termination agreement)
· Termination date: Mon, 10/1/12 (as stated in termination agreement)
· Last paystub to be received: 10/31/12
· Petition will be withdrawn on 11/1/12 (Employer agreed to hold on withdrawing till that date)
· H1b valid until 9/7/14; issued 11/22/11; effective from 10/1/11
· Nationality: Taiwanese (Visa Waiver Program will take effect 11/1/12)

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Attorney answers 2


You would need to find a new employer immediately and that new employer needs to file an H-1B petition before the end of October.

Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.



Thanks, J Charles. I'm trying my best to find a job asap, but would I be able to buy myself some time by using the VWP to switch to tourist status? I cannot be certain I'll find something by end of Oct...


Agree with previous answer.

The above is intended as general information only and cannot be relied upon as legal advice. Laws change constantly and vary from state to state. The legal principals discussed may differ substantially from your personal situation. Therefore You should consult an attorney about your particular situation. (212)880-1538 Law Offices of Tsirina Goroshit is a Full Service Immigration Law Office, at 275 Madison Avenue, 4th Floor New York, NY 10016

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