On H1B and got fired.

APJ · Post by **APJ** » Fri Jun 27, 2008 6:20 pm

Hi,
I am Canadian citizen and on H1B in USA. My employer has down sized my job and have given me 2 weeks notice which ends on first week of july 2008.

So from second week of july, I am not working for the company anymore.

Can I stay in USA and look for another job?

How long am I allowed to stay in USA legally without a job?

Do I have to leave the country, surrender the I-94 with H1B and come back as a visitor?

Can I get a transfer of the current H1B if I get a new job in a month or do I have apply for a fresh new H1B and wait till next october, if I get it?

nelsona · Post by **nelsona** » Fri Jun 27, 2008 9:31 pm

The moment you stop work, you are out of status.

the correct way to stay in the US, either to look for work or to wrap up your affairs, is to MAIL an I-539 to switch to B2 status (requesting 6 months to wrap up affairs -- don't say looking for work).

You then stay in US until you either find work or decide you are leaving for good.

It is not good practice to head to the border, since you won't be let back in until you establish a home in Canada (lease, phone, utilities).

Becuse you have had H1, you are forever entitled to use up the 6-year clock on it, and can start at the new job the instant USCIS has received your I-29 for the new sponsor.

APJ · Post by **APJ** » Sat Jun 28, 2008 7:11 am

Hi Nelsona,

Thanks very much for your guidance.

I looked through the Form I-539 for Change of status and found that only the dependents of an H1B employee can use it, not the person on H1B himself.

Is there any other way I can change my status from H1B to B2?

Thanks

nelsona · Post by **nelsona** » Sat Jun 28, 2008 2:01 pm

You're not applying for H1, you are applying for B2, and I-539 is the only form for this. read the form more closely.

H1, when you find a job, will be applied thru I-129.

unionjack · Post by **unionjack** » Fri Jul 04, 2008 12:03 am

"...you won't be let back in until you establish a home in Canada (lease, phone, utilities)."

I know that to enter the US as a Canadian visitor you need to have a "permanent home" in Canada. Do the lease, phone, utilities, etc have to be in your name? What if you live with a family member whose house has extra rooms and you don't pay rent or utilities. It's where you sleep and eat and keep personal effects, etc. you just don't pay any of the bills in your name. Would this meet the condition for visiting the US?

nelsona · Post by **nelsona** » Fri Jul 04, 2008 12:30 am

Your ability to enter the US as a tourist will be easier the more convincing your ties are.

APJ · Post by **APJ** » Sun Jul 06, 2008 7:22 pm

What if you enter via road, isnt it easier? I believe they do not ask proof of residence but do ask questions about where you are heading and why?

nelsona · Post by **nelsona** » Sun Jul 06, 2008 7:46 pm

At POE they have much more time to catch you in a lie, and since you havbe no evidence that you will return to Canada (no ticket)you will face great scrutiny.
Besides, won't you have a US Drivers license and US plates?

APJ · Post by **APJ** » Sun Jul 06, 2008 8:18 pm

I stand the risk of sounding ridiculous, but what if I drive a rental car and still have my valid canadian license. I have a legitimate intent to enter and stay as a tourist and won't be working till I get approval for new H1.

I consulted a lawyer and he says it takes 4 months to change your status from from H1 to B2 using I-539 and if they dont approve you get screwed anyway as you stayed for 4 months out of status.

If I leave USA and and go to canada and look for job in canada and hopefully find it in say 4 months, Can I still come to USA immediately and start working as soon as they file I-129?

nelsona · Post by **nelsona** » Mon Jul 07, 2008 2:40 pm

Look. You need to prove you won't stay in US, and staying until you find a job is not a tourist. How you want to fool them is your business. They can detect liars -- it's their job.

As to 4 months to get B2, yeah, so? You are not out of status until your B2 is denied, so you are not out of status 4 months. The lawyer is incorrect.

Now, to your more legit question about using AC21 to immediately begin working on H1 after filing I-129? This should not be a problem, EXCEPT I believe you need to file this while in some status (incl. B2) as the I-129 should be filed with the change to H1 option, which can only be done from within US. Otherwise you will need to wait for approval before work (ie. pay the extra $1000 for premium processing).