It’s pretty clear that the economy is bad and only a reticent few are in denial at this point. So what do you do when you have an H1B visa and you get fired? Well, first of all, don’t panic. You probably have a visa that lasts for years right now, so you are NOT increasing unlawful presence even though you ARE out of state. What does that mean? Well, just putting on too much of an illegal presence means you won’t be allowed back into the US for many years. Specifically, 180 days to 365 days of unlawful presence means that you will be barred from entering the US for three years if you leave and try to return. Anything longer than one year results in a 10-year reentry bar should you leave the United States.

But I’m out of status, so I’m increasing unlawful presence, right?

Not at all. The date on his I-94 rules his world. So if you still have time on your I-94, then you are not increasing unlawful presence until after that date has passed.

EXCELLENT! I’ll stay!

Well, the bad news is that you ARE deportable since you are out of status, so that is a very bad idea! Also, you cannot change your status to any other status once you are removed, since you no longer have a valid nonimmigrant status. That means you’ll have to leave if you try to change your status.

Then what do I do??

I can’t answer that question for you. However, I can say that you are not supposed to be here (and I would never recommend that you violate any immigration laws), BUT if you find a new and appropriate H1B visa sponsor quickly, you MAY be in luck and USCIS MAY allow you to change employers without go out. It certainly has happened before and possibly getting fired is not your fault and you and your new employer should not be punished for your firing. In other words, you shouldn’t have to spend the money to leave the US, get your new H1B, and then re-enter, costing you and your employer time and money. The likely worst case scenario in this case is USCIS issuing you an H1B but forcing you to leave to get your new visa stamped. But you will have to find a suitable job and beg for mercy from one of the most ruthless agencies in the United States!

Good luck!