Legal Question in Immigration Law in New Jersey

Question on H1

Hi,

My brother working in H1 lost his job. He is still in the company payroll till end of may. He is in the process of finding another job. Will it be advisable to apply for changing his VISA to B2? If he applies to change the status, can he transfer his old H1 visa if he gets any job in June/July? How the process of H1-B2-H1 will work? Will it have any impact on his future GC processing? Please advise,

Appreciate your help.


Asked on 4/30/09, 5:27 pm

2 Answers from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Question on H1

Your brother needs to speak with an immigration attorney to determine if there are other options aside from the B-2 that will allow him to remain in the US. If not, then the B-2 may be his only option. The date on which he can begin working again will depend on when he filed the B-2 and the position. If he finds another sponsor for an H-1B, then he will not be counted toward the cap again, but may not be able to work right away. There are several factors to consider and your brother should speak with an immigration attorney to determine the best option for him.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

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Answered on 4/30/09, 5:32 pm
Anthony Siliato Meyner and Landis LLP

Re: Question on H1

Your questions are valid ones and any time out of status could be problematic. I strongly recommend a consultation with immigration counsel to maximize the chances of having an extension of stay or H-1B transfer being approved.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

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Answered on 4/30/09, 7:56 pm


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