Contract terminated now what?

[gally]

Hi,

I have a H1B, but my company will terminate my contract on november 1st.
What happens then? Do I have to return to Spain or can I stay and look for another job?

I've asked 2 attourney: one told me I can stay 3 years untill my H1B expires. The other one told be I should switch to B2 and gain some time to look for a new job.

Even with some searches on this and other forums, the topic is not very clear.

What are your thoughts?

[shervin143]

Talk to the right attorney. The ones that you are talking to doesn't seem to guide you in the right way. When you are in H1B, you should be working and getting paid to maintain the H1B status. If you are terminated, then you are no longer in H1B status.If you stay in the country without getting paid, then you are considered out of status on H1B. When you are out of status, you cannot switch to a new employer. USCIS will deny your transfer when you are out of status or when your presence is illegal. Filing a COS from H1B to B1/B2 to stay in the country with an intention of searching for job is against the B1/B2 regulation and that COS might get denied. If you do that and when you try to switch back to H1B, USCIS may suspect you intention of being in B1/B2 and you may also have issues have you attend the H1B visa interview again.

Here are your options.

1) Find a new employer before your current employer terminates you and file for the H1B transfer. Transfer should be filed before your current I-94 expiry date and before your last day at work.
2) If not, you will leave the country. Current employer should pay you for your return ticket home. You can look for a sponsorship from your home country and transfer your H1B from there. Once the transfer gets approved, you can travel back to work for the new employer. If your current H1B visa is valid at that time, you can use it to travel back. No need to get the visa stamped again after switching the employer.