Legal Question in Immigration Law in California

1. You can change status perhaps to B-1 business visit purposes or B-2 pleasure visitor purposes, to sort out your affairs and determine your next steps either with vacation or predominantly international commercial (business) transaction purposes. As a B-1 or B-2 , your intentions must be to remain in the U.S. temporarily and to abide by the limitations of your status. If the government believes you will stay longer or violate status, then they will not approve a change of status to B-1 or B-2.

2. Upon ending employment, there is no grace period. Theoretically you must depart immediately, assuming you don't land a job, but if you do land a new job, then you can port to a new employer even after you've left your old job or the petition is revoked. This is based on the government's most recent pronouncements even though they didn't seem to understand the porting law permits this. The point? There is no grace period, but you don't have to have maintained status (except you can't work without authorization before the porting petition is filed) to qualify for H-1 status through a ported petition. That can happen at an unpredicted future time only limited by the expiration of your I-94 card.

3. I suppose in theory, but this has no practical effect on your status. If revoked, you'd be a revoked H-1, not another status. As such, before finding a new petitioner, you could in theory be picked up and put into removal proceedings, or if you port to a new employer, stay as an H-1.

4. Maybe - see #1 above. You would file a change of status application in the U.S. with evidence to support your case. It must be prepared carefully or be misconstrued and more readily denied. Counsel is helpful to preparation, for sure in a case like this.

5. You should be fine as long as you're otherwise admissible and qualify for H-1 caliber position offered, particularly if you leave before you're laid off. Keep your tax records and pay stubs. Depending on how close to your departure your last pay stub is, I may or may not include it. Of course if asked, you'd have to produce this documentation to a consul, so be sure you have your records when you end your job. You could return September 20, not earlier assuming this is your first H-1. New H-1s go into effect on October 1.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A ?Super Lawyer? 2004 ? 2009, Los Angeles Magazine

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A ?Super Lawyer? 2004 ? 2009, Los Angeles Magazine