After 10 years in the US I finally run into a slight problem and need some help if possible.
I was recently forced to quit my job due to relocation and issues. This happened in the end of April of this year. My wife is on a H1B as well but I did NOT file for H4 sadly. Stupid mistake I know.
Now, I recently got invited for a interview in Europe, they paid my flight which leaves this week and my fear is that I cannot reenter the US.
My I-94 is still good, my H1B obviously not since the work relation has ended. I stayed in the US for a lil over a month without filing for H4 and simply looked for jobs.
My lawyer says I should NOT enter with a B1/B2 but instead enter on a visa waiver which should not be a problem as long as the officer knows the law. However, he also says it’s up to the officer and he could end up questioning me leading to me having to return to Europe.
Obviously I am extremely worried, there is no time to go to the embassy to get a H4 since I only have a 3 day stay.
Any help or input would be greatly appreciated.