H1B layoff and conversion to B1 Tourist visa

[randomimmigrant]

Hello,

I was working with a client through my consultancy. My project got over in Dec 28 2012.

Now I am looking for contracts. My consultancy told me that I can write a letter and give to them

stating I am on a vacation for 60days. So technically I am on a vacation and I don't have any

paychecks on H1B status now.

I am thinking that, since I do not know how long it will take me to get another job, I should go to a

B1 tourist visa, and keep looking for a job. And when I get a contract, I get another consultancy to

hold my H1 visa. Please advice if this approach is fine. Do you think I will get into any trouble,

since I do not have any pay checks for the month of january?

Thanks

[JoeF]

Hello,

I was working with a client through my consultancy. My project got over in Dec 28 2012.

Now I am looking for contracts. My consultancy told me that I can write a letter and give to them

stating I am on a vacation for 60days. So technically I am on a vacation and I don't have any

paychecks on H1B status now.

These fake leave of absence things are NOT legal.

The employer has to pay you!

I am thinking that, since I do not know how long it will take me to get another job, I should go to a

B1 tourist visa, and keep looking for a job.

You are employed currently, and your employer should find you a project. He has to pay you, even if you are on bench. That's the law!

It is in the employer's own best interest to find you a project.

If the employer doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

[randomimmigrant]

Any opinion about converting to the B2 visa?

[JoeF]

You can't convert to anything because you are out of status.

Get paid! That's your first priority.

[Attorney_25]

You may or may not be out of status, but you will have trouble changing to another status without clearing up your current status. There are in fact ways to document status without paychecks, and a change to B-2 is possible but not guaranteed, if you cannot strongly advocate your status and reasons for change to B-2. I suggest you investigate your rights related to your current employment, including consulting with a qualified attorney. You could also go directly to DOL, but they will not be your personal representative and will not be able to advise you on all aspects of your immigration matters.