What Options Are Available For H1-B Workers After a Layoff?
Today in this blog, we will discuss the options that are available for H-1B workers who are affected by a layoff.
Nothing can be more unexpected than losing a job, however for an H-1B worker it can be more terrifying. It is because they would then be instructed to leave the country until they can get a new job or switch their immigration status within 60 days.
From the last day of employment in H-1B status, all H-1B visa holders will be allowed to stay for up to 60 days in the United States. However, they could either look for a new job or find a new employee sponsor within this period. During the grace period of 60 days, a new employer must file an H-1B change of employer petition. Later, the H-1B employee will be eligible to start working for the new employer after receiving his H-1B transfer petition from the US Citizenship and Immigration Services (USCIS).
WHAT WILL HAPPEN IF YOU AREN’T ABLE TO FIND JOB WITHIN 60 DAYS?
If an H-1B visa holder cannot find a new job or an employer sponsor within 60 days of a grace period, they would be required to leave the United States before the expiry of the grace period. However, if it’s not possible and H-1B has demanded an additional period to settle here in the US, they would be required to change their immigration status.
HOW TO CHANGE H-1B IMMIGRATION STATUS?
If an H-1B worker demands additional time and isn’t able to find a job within 60 days, then they would be required to file a Form I-539 application to switch their status from H-1B to H-B2 visa status that can last up to 6 months.
Furthermore, there are other options to choose from that an H-1B visa holder is qualified to apply. It includes H-4 status for the spouse of an H-1B visa holder or with O-1 status as an individual.
WHEN SHOULD YOU FILE TO CHANGE YOUR STATUS?
It is essential to submit an application for the change of status before the expiration of the 60 days grace period. It has been advised to avoid travel internationally followed by a layoff within the grave period as it may cause risks for being eligible to transfer from H-1B status to another. However, it is advised that you ask for your employment verification letter as proof of the last day of H-1B employment and continue paying stubs.
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