H1b - with non-compete - COS to B1 and back to H1b or leave country


Amar Singh

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Hi,

I was terminated from my job on 31st Mar, however I will be on payroll for next 6 months due to non-compete clause of my initial contract.  I am a UK citizen and came here on H1B. As I understand I have 60 days from Mar 31st to find another job or leave US. However so far there has been no luck so I am starting to explore my options: 

1. Should I submit application for COS to B1/B2 and hopefully find something while the application is under review ?

2.  This COS can allow me to stay here but what will happen once I find another job ? I can't work until end of Sep due to the non-compete clause, so can I request to transfer my visa and then wait till end of Sep here in US ? 

2.  Second option is to leave US and come back on Visa waiver ( from UK) for 2-3 months to interview at few places  and once I finalize a job, leave US again until the H1 Transfer is completed ?  How sensible is this option ? 

3. Once I change my status or leave the country, can I still transfer my H1b easily or does my new employer haave to file a new H1b ( which will be cap exempt) ? 

4. What is the expected timeline  for the transfer/new process ? 

Thanks a lot,


 

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