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Options After Being Fired While on H1-B

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  • 03-20-2011, 02:32 PM
    Kooldevil
    Options After Being Fired While on H1-B
    Hi,
    I was fired on Friday and my employer told me that my termination information has been sent to the USCIS. I have done some research on my own, and have to the following conclusions about a possible solution. I would like to know if these still apply with the current laws.

    Scenario : I have a company B who is willing to transfer my H1-b, but a transfer might not be possible since the paperwork might have got to USCIS already. Im not sure about that yet.
    Question : Assuming that the paperwork hasn't reached USCIS yet, can i have company B apply for my H1-b transfer ? If it gets there before the termination information, can the transfer still happen ?

    Scenario : If company B applies for a new h1-B in April, I wont be out of status for too long (approx 12 days).
    Question : Since H1-b starts from October, can I start working before that and get some kind of "grace period" for the period between April - October and work during it ?

    Scenario : Ive read about having company B apply for a Business visa.
    Question : Is that possible ?

    I apologize for the long list of questions, but clearly I am distressed. I would appreciate any help in this regard.

    Thanks !!
  • 03-20-2011, 06:37 PM
    T53147
    Re: Fired While on H1-B.options
    The proper actions are either to leave and reenter only after receiving an approval notice for a new position or apply for a COS to B2 visa which may be denied since you are expected to be in status for a COS.

    B1 does not apply in your case.

    You are out of status as of your termination date; April 1 means nothing for your status. The revocation is simply a complicating issue and not an end all.

    No matter what you do at this time, you should expect to be required to leave the US in order to begin working again on H1B. Pursuing a course of action that results in "illegal presence" may result in a 3/10 year bar from entering on any visa status.
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