What happens if I get laid off on H1B?

If you are in H1B status and you get laid off – don’t panic. You have a visa that is still valid and you are within your period of authorized stay. So at this point you are NOT accruing unlawful presence, even though you fall out of status when you are no longer working for your H1B sponsor.

Do companies revoke H1B after layoff?

When it comes to having your H-1B revoked or experiencing a layoff, your H-1B status ends when your employment is terminated, not when the visa is revoked. That means that your 60-day grace period is activated when you stop working for your employer.

How long can I stay on H1B?

six years
Under U.S. law, a foreign worker with an H-1B visa can stay in the U.S. for a maximum of six years (plus extensions in certain circumstances, discussed below). The H-1B visa and status is initially valid for three years and can then be extended for another three years.

What does layoff mean on a H1B visa?

H1B layoff means disruption of plans for foreign nationals working in the U.S. on an H1B visa, and such uncertainty in an alien country can be particularly worrisome. This problem is further compounded by undefined terms and often contradictory interpretations of the immigration laws.

What to do when your H1B status is revoked?

You can do this in a couple of ways. If your former employer revoked your H1B at the time of H1B lay-off, you need to file for a change of status to B-1/B-2 immediately. You will need a copy of your itinerary showing intent to leave the U.S. at the end of the requested B-1/B-2 status.

When to apply for a H1B employer change?

Various USCIS officials over the years have opined an H1B worker must submit an application for an H1B employer change 30 days or 60 days of being laid off. However, these statements are merely opinions and do not have the force of law.

Is there an alternative to the H1B visa?

There are also other alternatives to the H1B visa. If your employer is an international organization, perhaps they could make use of the L1A inter-company visa transfer. Some strict criteria apply to an L1A (such as being at a managerial level), but it is worth investigating!

What happens if you get a H1B layoff?

The H1B employer change will be denied, meaning you will need to leave the U.S. USCIS may approve the H1B petition, but deny the application to change employers In that final scenario, it’s likely that USCIS will have determined that too much time has passed since you were laid off.

What to do in the event of a H-1B termination?

In the event of a sudden termination, if you are able to find a new job quickly enough, you may still be able to obtain the approval of an H-1B transfer while you remain in the country by filing the application “nunc pro tunc.”

Can a new employer file a H-1B petition?

A new employer can file a new H-1B petition for consular processing (since you are outside the country), but you would not be subject to the quota since you were previously counted. There are some exceptions, so you should definitely consult with a qualified immigration attorney to confirm whether you are subject to the cap or not.

What to do if your H1B visa is revoked?

There are a couple of things you can do to do this: If your H1B was revoked by your employer when you were laid off, then you will need to file for a B1 visa or a B2 visa immediately. If your H1B was not revoked, you will need to find a new employer and file a change of employer petition.

When to start work after 60 days of H1B?

If you lose your job and you filed for H1B transfer with new employer and got receipt after 20 days during the grace period, you can start working right away after you have receipt number from USCIS. You do not have to wait for completion of 60 days grace period. Do I get 60 days grace period, if my H1B or L1 are denied ?

What happens if you get laid off on H1B visa?

Such employment without pay does not mean anything and would not help you in any way. When your new employer applies for an H-1B petition, you will have to provide your recent pay stubs, and since you are not getting paid, you would not be able to produce them, and that would cause problems for you.

Can a layoff cause an H-1B to be revoked?

When an employer decides to withdraw an H-1B petition (whether out of necessity or because of a layoff), they must submit a request for a withdrawal, which requires filing several documents. When the USCIS obtains these documents, the processing of revoking the H-1B will begin.

When does the 60 day H1B grace period end?

It says “H1B Holder gets 60 Days of grace period or until the end of authorized validity period of their status (basically I-94 end date), whichever is shorter”. So, if your I-94 or petition end date is before 60 days from your job loss or lay off, then your grace period is shortened until the expiration of your I-94 date.

How long can you stay in the US after a H1B layoff?

The amount of time that an H1B worker may stay in the U.S. after an H1B lay-off or termination is not defined in the law or the regulations. A. 30 Days? 60 Days? Various USCIS officials over the years have opined an H1B worker must submit an application for an H1B employer change 30 days or 60 days of being laid off.

Is the 10 day rule applicable to H1B workers?

The so-called “10 day rule” only applies to the validity of H-1B workers before and after the petition begins and ends. It is not applicable regarding how long an H1B worker is allowed to stay in the U.S. while searching for a new job.