Legal Question in Immigration Law in Connecticut

Lost job on H1B - is changing status to B2 visitor visa a good option

Lost job on H1B. Do you think applying for a change of status to a visitor/tourist visa(B2) a good idea to maintain status while I am in the U.S. looking for a new job?

Thank you


Asked on 3/15/09, 11:34 pm

1 Answer from Attorneys

Anthony Siliato Meyner and Landis LLP

Re: Lost job on H1B - is changing status to B2 visitor visa a good option

Since your H-1B classification derives from approved employment, your H-1B status actually ended on the date your employment terminated. There is no grace period under the current regulations. (USCIS may, however, in its discretion, excuse an untimely extension/change of status petition when extraordinary circumstances exist).

Should you decide to remain in the United States, you have two options for which we would be happy to assist you:

a. You may secure employment with a new employer who is willing to sponsor your H-1B transfer petition; or

b. You may change your status to that of a visitor for business or pleasure (B-1/B-2 visa classifications).

Most importantly, whatever your decision, please appreciate that the application should be filed asap.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

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Answered on 3/16/09, 12:27 pm


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