H-1B Laid off

toasterbiscuit

Registered Users (C)
Just lost my H-1B job 10 days ago...and was wondering whether to go on a Visitor/Student/or remain on H-1. I have validity of my approval notice till Sep 2003.

Some friends are telling me to stay on H-1 for portability reasons.
First, is portability possible for the extent of my H-1 approval (Sep, 2003) or is it just possible, based on ins discretion (of course) but only for 1-2 months from when I lost my job.

Second, I understand it is standard practice for the employer to send a note to INS indicating termination of an H-1 employee. In that case will I still have "lawful" presence in the US for the extent of my H-1 approval (Sep 2003). Also when I leave the country, will INS question me or BAR me if my H-1 has been revoked based on employer sending letter.

Any feedback would be appreciated.
 
No Title

If you lose your job you are immediately out of status with an h1. from what i have read you should immediately switch your visa to a B visa. atleast thats what I have seen lawyers suggesting. But in my opinion it is best if you consult an immigration lawyer on what is the best course of action rather than listening to friends.
 
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