Out of status related risks

[komplicated]

I'm not asking anyone to look into a crystal ball. However, I hope to receive a couple of reliable responses from people with experience.

Suppose a working individual under H1b visa comes to find out without warning that they are laid off. They are immediately out of status after the last working day but the date in I-94 is valid for another 2 years.

Given above situation, what are the risks of staying in the U.S "out of status" for a couple of months to look for jobs without changing to a visitor b1 or b2. Have you heard of cases where any complications/questionings happened at the airport terminal while the individual was leaving the U.S?

Thanks.

[rahul412]

Given above situation, what are the risks of staying in the U.S "out of status" for a couple of months to look for jobs without changing to a visitor b1 or b2. Have you heard of cases where any complications/questionings happened at the airport terminal while the individual was leaving the U.S?

Their were some cases where people deported at POE for staying in US without any status for one week, and you are talking about staying in US without status for couple of months. That's completely not accepted.

On H1 if any employee is fired he is out of status by default. Either leave the country or file COS to B1.

[t75]

You can leave the US but may have trouble in the future. And new employment will require consular processing or that you reenter the US with valid documents and stamping.

[pontevecchio]

Unless you get the COS receipt before the last day your COS would be denied in most cases. The danger is police contact for any reason...turning right on red without stopping etc. and due to the pernicious Policy of "secure borders" be subject to deportation. Very unlikely, though you did ask. An expired I94 will not give you any trouble while leaving.

[GNH]

You will be ok waiting for about a month before doing the COS.They will not deny your COS because you were a month late.

[t75]

No one can guarantee that you will not have problems. It may have been permitted in the past but immigration law enforcement can be much stricter at any given moment in time. Assume the worst case and you will always be OK.

[catx]

You will be OK waiting for about a month before doing the COS.They will not deny your COS because you were a month late.

It is wrong to advise someone to willfully be out of status (illegal), even for a short period. If per immigration laws, regulations, and rules their change of status (CoS) is denied or worst find themselves in removal proceedings potentially with a entry ban, saying they "got advice on a Internet forum" will not do them any good. The only applicable advice is to follow immigration laws, regulations, and rules to the letter.

[metroguy]

My suggestion is get another job ASAP with in a month and file for H1B transfer with in that month. That would be Ok. I did it 3 times and it worked always.