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How many days can an H1B worker stay in the US if he is fired? Does he need to go back to India, or can he look for another job here under the B1 visa?

It’s a bit of a gray area when it comes to determining how many days you can stay in the US. To put it simply, time is of the essence. The idea is to make sure that the gap between employment is incredibly small. You should look for employment immediately. Generally speaking, if a new employer files for a new H1-B visa within 30 days of termination, then your approval odds are pretty high. However, if it’s after 30 days then it may be better to ask your new employer to file a petition without the request to extend your status. Of course, this means you would have to leave the US and then return once you have obtained the H1-B visa from the US consulate abroad.

However, there are other options you can look into as well.

Such options include:

  • Apply for the F-1 Visa if you can be accepted to a university full time
  • Apply for the B-2 tourist visa if you needed extended time to find a job

The best course of action should be decided with the assistance of an immigration attorney. My company, LawTrades connects clients with affordable lawyers. We are committed to helping each person by simplifying the process for finding quality legal counsel and doing so in a transparent, affordable way. We also have another feature called LawTrades Micro which might interest you. For a low flat-rate (typically $25) you can ask one of our experienced attorneys a question and receive a customized answer within 48 hours. Hope this helps – good luck!

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