You are here:

Immigration Issues/H1B to Visitor visa status

Advertisement


Question
Hello

I have been in the US since 2002 on an F1 which I then changed to H1 and worked for the past five years. I am quitting my job due to issues and trying to get my H1 B transferred but not sure of the timeline. My job at the current company ends April 5. My questions are as follows:

1. If I don't manage to get my H1B transfer application done before April 5, do I have to apply for  my visitors visa right away? Before April 5?
2. If I apply for my visitors visa before April 5 and before I get a response, I get an offer from another company within a month of my termination at the current job, can they apply for a transfer of the H1B or is it a new application and what happens to my visitors visa application?
3. Do I have to wait till the H1B application is approved or just till the receipt notice to start working at the new place of employment?
4. Can I apply for the change of status by myself or do I need to go through a lawyer? If I can apply myself, can you please tell me how?

I just want to make sure that I am legal in the country and do not do anything unlawful

Many thanks
FS

Answer
Hi,

You must continue to be employed by the H1B employer in order to maintain H1B status. There is only a 10-day grace period in H visa status. Thus, another company must file H1B petition for you requesting extension of your H1B status no later than April 15. Alternatively, you can change status to another nonimmigrant visa category (such as visitor, or B2 visa status) within 10 days of April 05.

If another company files for you after April 15, your H1B petition should still be approved, except that the approval notice is likely to state "consular processing" instead of "extension of status". Ditto for whether a change of status to B2 is pending if another company files H1B for you after April 15.

If the new company files H1B for you within the 10-day grace period, you can start working for the new company immediately upon filing; you do not have to wait for approval.

It is a good idea to go through an attorney specializing in Immmigration Law to avoid improper filings or inadvertently going out of status, etc.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.