If you are laid off during your H-1B employment, it is critical that you seek legal advice as this change in your H-1B employment can affect your ability to stay and work legally in the U.S.
Here are some important considerations:
- 60-Day Grace Period: A laid-off H-1B worker is typically granted a 60-day grace period, or the end date of their most recent I-94, whichever is sooner. During this period of time, you may remain in the U.S. and seek new employment, change your visa status, or prepare to leave the U.S.
- Change of H-1B Employers: During your grace period, you should seek a new H-1B employer willing to sponsor you for a change of employer. If successful, they must file a new I-129 petition with USCIS to change your employer.
- Exempt from Lottery: The lottery no longer applies to you so long as you were already selected and held H-1B status in the last 6 years.
- When Can I Start: If a new employer files an H-1B transfer petition within your grace period, you can start working for the new employer as soon as the petition is filed, even before it is approved.
- Maintenance of Status: Be prepared to show evidence of your prior H-1B employment in the form of paystubs or other comparable evidence.
- Change of Status: If you do not find a new H-1B employer, you may change your H-1B status to a new visa category, such as B-2 visitor or F-1 student. You must file an I-539 application to change your nonimmigrant status. The application must be received by USCIS within your grace period.
- Departure: If you do not secure a new job or file a change of status, you must leave the U.S. by the end of the 60-day grace period (or the end date of your I-94 card, whichever is sooner) to avoid unlawful presence, which can impact your future U.S. immigration options.
- Legal Assistance: It is advisable for laid-off H-1B workers to consult with an immigration attorney to understand their options and ensure your compliance with immigration laws.
