What can I do if my visa will expire soon? 4 Answers as of June 06, 2011I came to the US in April 2009 on an E2 visa , as an employee for a German Company. This employment was now terminated and I will lose my job at the end of May. My I-94 is valid until Jan 2013. I understand I will be 'out-of'status' once the employment ends. I am currently trying to find a new job. Is there a way to maintain my status somehow documenting that I am actively searching for a job ? Obviously I can not (legally) work right now until I get a sponsorship my a new employer. Do I have to leave the country now (given that I will be out of status ) ?? Or should I change to a B2 visa to bridge the gap until I found new employment? I would like to stay here in the US and not return to Europe.
World Esquire Law Firm | Aime Katambwe
I believe you will have to leave and/or find a new employer. You can always file for a change of status, but I think in the end it will be denied. I think if you knew your employment would be ending in May 2011, you should have been busy looking for new employment some time ago, but I know I am not telling you something you do not already know. I see no solution other than leaving the US in order to preserve your ability to come back should you find a new employer. I would not want you to accrue unlawful presence by overstaying. Good luck!
Answer Applies to: California
Fong & Associates | William D. Fong
The best course of action is to change status. If you do not have another employment-based visa to change to, you can apply for the B-2 to get things in order for you to leave. When you do get another petitioner, then you will need to apply for the appropriate visa to re-enter the US. What kind of work were you doing for the E-2 company?
Answer Applies to: Texas
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
You have not stated your own nationality, which could bear on your situation. If your E-2 sponsoring employer has terminated your employment, you must leave the country. Every day you stay after your employment ends is a day of "unlawful presence". The I-94 does not stand alone, it must be supported by a legal immigrant/nonimmigrant visa. You cannot change status to visitor. If you want to preserve the possibility that you could legally work again in the USA, you would do well to consult an experienced immigration lawyer.
Answer Applies to: Washington
Law Office of Immigration & International Trade Law | Linda Liang
If you could get a B2, you can change status in the country. If you need help, please feel free to let us know.
Answer Applies to: Florida