If you’ve recently been laid off while on an H-1B visa, it is totally understandable to feel stressed. But instead of letting that overwhelm you, it’s time to explore your options and take matters into your own hands. Even though things might seem tough, there are still paths you can take to move forward. Here are a few immediate actions you can take:
First off, let’s talk about the 60-day grace period. After your H-1B employment ends, you still have two months to find a new employer sponsor. It’s your chance to hustle and find a new job.
Additionally, you might qualify for one-year employment authorization documents if you can prove you have “compelling circumstances”. You have to show you’re the main beneficiary of an approved form I-140 and as based on the Visa Bulletin you’re not currently eligible for an immigrant visa based on your priority date, category, and country, and you can show a compelling reason for employment authorization.
How about if you have a pending or approved I-140?
If you have a pending I-140 with your current employer, your situation is just like other H-1B holders, You have to either find a new employer or leave the country. If your H-1B validity is nearing its end, you must go through the same H-1B lottery process again or leave the country. On the other hand, If you still have a few years left on your H-1B, for instance, two years out of the initial three years, you have the flexibility to seek new job opportunities and find a new employer.
If your I-140 has been approved but it has been less than 180 days since approval, your I-140 will be considered revoked if you leave your employer. In this case, you must refile the I-140 with a new employer or through a self-petition.
In fact, exploring your options beyond traditional employer-sponsored visas can open up a world of opportunities. Self-petitioning for visas like the O-1, EB-1A, and National Interest Waiver (NIW) gives greater independence and flexibility.
Finally, If your I-140 has been approved for more than 180 days, your priority date is locked in, allowing you to retain your priority date.
Ultimately, If you find yourself facing the possibility of leaving the country and prefer to explore alternative options, there are a few additional solutions worth considering:
If your previous employer is understanding, they may allow you to extend your termination date. This will allow you to search for a new job without the added stress of worrying about your visa status. That’s why you should avoid burning bridges with your employer. Sometimes, your employer might give you extra time as part of a severance package. This could stretch your deadline to another 60 days, making it a total of 120 days.
For example, let’s say you were told on May 15, 2024 that your job is ending. But then your employer gives you a severance package extending your last day to June 14, 2024. That means your 60-day grace period starts from June 14, 2024.
If you’re the spouse of an H-1B visa holder, applying for an H-4 visa might allow you to stay in the United States.
You can also consider a change of status to an F-1 student visa or a B-1 business visitor or B-2 tourist visa.
While these options may not be ideal, they can provide temporary solutions to extend your stay in the United States while you explore other avenues for immigration or employment opportunities.
The article is not a substitute for legal advice.
