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What is the best way to handle the gap between my last H-1B job and the date where new employer files H-1B?
Anonymous1 views3 answers
I'm on H-1B (H-1B expires on 12/31/2015, but I-94 only expires on 3/30/2016). My company told me they are closing down and will terminate my work visa with immediate effect. I plan to actively seek new jobs starting next week. It might take a few weeks up to few months to get an offer. During this time, am I out of status or I'm still considered a legal immigrant because my I-94 is valid until March next year? What should I do to get on USCIS's good side while remaining here to look for jobs?
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
There is no "best way" or going around the fact that as an H-1B worker you will be considered "out of status" as of the day you are terminated and taken off your employer's payroll. If you wish to legally remain in the US after that you will need to timely file an application to change your status to B-1/B-2 "visitor". That COS application must be received by CIS prior to your last day of paid employment.
Once you will be out of status, you will be out of status. This will occur when your work will be terminated. You might consider other options, such as being here as a visitor or a student.
