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H-1B EMPLOYEE TERMINATION ADVISORY CHECKLIST*

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[ ] CHANGE OF EMPLOYER PETITIONADVISORY [No grace period for filing Change of Employer/Status petition, but INS has approved them for 2-4 or more weeks after termination. Need current pay stub to show maintenance of status]. California Service Center has stated it will not approve change of status to B-1 Visitor for H-1B employee to seek new employment. B-2 visitor status may be sought in some circumstances. _______________________________________________________________________ [ ] TRAVEL VISA FRAUD ADVISORY [Advised not to request entry in H-status after termination and prior to new employer filing new petition. DItto for H-4 SPOUSE]. It is also risky to depart soon after the H-1B termination and seek reentry as a visitor, especially if you have had a labor certification or other immigrant visa or petition filed, and if you have extensive family or business connections in the U.S. _______________________________________________________________________ [ ] ULP ADVISORY [Explained Unlawful Presence (which if accrued for 6/12 months + departure, results in 3/10 year bar from reentry) starts when S/he overstays the I-94 or files EOS/COS and it is denied by INS.] _______________________________________________________________________ [ ] UNAUTHORIZED EMPLOYMENT ADVISORY A) BAR TO PORTABILITY of employee (portability=short-term transfer with work authorization upon new employer filing a new petition) to new employer; B) INS POE inspectors/consular officers can use out of status time + unauthorized employment against the applicant in their discretion, but not automatic bar to entry like ULP. _______________________________________________________________________ [ ] AR-11 Advisory (NOTIFY INS WITHIN 10 DAYS OF RESIDENTIAL ADDRESS CHANGE) Failure to do so is a ground of removal/inadmissibility

*This is a checklist for use in discussing some of the main issues that arise when an employee leaves the H-1B employer. It is not intended to be legal advice in any particular case, which legal advice can only be given by a competent attorney who is familiar with the particular facts in a case. It is important to receive good advice about your case SOON after termination, in order to prevent damage to your status which may be impossible or very difficult to remedy.


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