H1B out of status

P

planningahead

New Member
I am on a H1B visa and have the following questions:

1) If I leave my current employer without a job offer, how long can I stay in the US to look for a job without getting into serious trouble (ban from re-entering, problems when applying for greencard or visas)?

2) What is the difference between "porting (transferring)" and applying for a new H1B? Is the H1B portable only for a certain period after I leave my current employer?

3) If I leave the US while I am out of status and re-enter as a visitor and is hired by a company, do I have to apply for a new H1B (since old H1 is not longer portable)? And is it true that I can start working after I filed the application without actually getting the visa?

Thanks so much!
 
Simple logic

1) U have 10 days to leave the country. If you are out of status upto 6 months, INS generally is known to give you status but not visa. i.e. you have to go out of US, come back with new I94. But if INS catches you out of status anytime after the 10 days you will be deported without ceremony. You might face problem while applying for GC. Consulate might refuse Visa stamp. Any documented out of status stay over 180 days can attract 3-10yr ban.

2) Same as far as fees, documentation etc are considered. H1 Transfer means you can start working for the new company immediately.

3) From B1/B2 you can change your status to H1. But U need to wait until approval before working for the employer.
 
Some clarifications

Thanks Jaxen,

1) What do you mean by giving you status but not visa? If I find a job while out of status for more than 10 days, can I start working for the employer immediately?

2) When do we qualify for "transferring" and when do we not?
 
3) How does the "company revoking your H1 (after you left) comes into the picture? What are the consequences?

Thanks!!!
 
Same Answers

1. Precisely as what i described. No you cannot start working for the new employer immediately. You have to get a new stamp and/or I94 .
2. If you have a valid H1, I94 and may be paystubs.
3. INS can deport you.
 
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