Applying for B-1 when laid off

Question details

I went through your blog on H1 to B1/B2. My friend has a similar case, he has been laid off and last working day is 09/15/09. He spoke to a local attorney on the feasibility of transferring H1 to B1/B2. But that attorney mentioned that the transfer request will be rejected as there will be a clear immigration intent. Can you please help with this?

ANSWER

From my blog, one thing should have been clear. Whether or not you get approved is irrelevant. A timely filed application puts you in authorized period of stay. That was the whole point. I do know what another lawyer said or in what context, but there is no evidence of clear immigrant intent unless an immigrant visa (I-140) was applied for.

Nonimmigrant Visas