If you have lost your job on an H-1B visa and are currently in the United States, it is important that you do not panic. Losing a job can be frightening and stressful, but you should remember that there are options available to you to navigate this challenging situation.
What is an H-1B Visa?
H-1B visas are dual-intent visas that allow U.S. companies to employ foreign workers in specialty occupations. H-1B visas provide many benefits, including the ability to work in the U.S. for up to six years; however, it is important to remember that the visa is tied to an employer. So, if you lose your job, then it will create complications with your visa status.
H-1B Grace Period
If you have lost your job on an H-1B visa, then it is important to know that you have a 60-day grace period to either change your status, find another employer or leave the U.S.
Potential Options After Job Loss
1. Find a New Employer
One of the best options if you are terminated while on an H-1B visa is to find a new employer who is willing to sponsor your visa. Although the new employer will need to file a new I-129 petition on your behalf, eligible H-1B nonimmigrants may begin working for a new employer as soon as the employer properly files a new petition requesting to amend or extend H-1B status, without waiting for the petition to be approved. For more information about H-1B portability see the USCIS H-1B Specialty Occupations page.
2. Change Your Visa Status
If you cannot find a new employer to sponsor your H-1B within the 60 day grace period, then you can consider changing your visa status. Potential change of status visa options include:
- F-1 Student Visa: If you are interested in going back to school to further your education, then you can apply for an F-1 student visa. This visa would allow you to study in the U.S.. Additionally, it may offer opportunities for work through Optional Practical Training (OPT) after graduation.
- B-2 Tourist Visa: If you’d like to stay in the U.S. for tourism purposes, then you can apply for a B-2 visa. It is important to note that this visa does NOT permit employment.
- Other Employment Visas: Depending on your qualifications and circumstances, you might qualify for other employment-based visas. If you are interested in discovering what other visas you may be eligible for then you can speak with an immigration attorney to go through your options.
3. Leave the United States
If finding an new job or changing status is not an option for you, then you should leave the country within the 60 day grace period so that you do not accrue unlawful presence.
Consulting an Immigration Attorney
U.S. immigration law is highly nuanced and navigating the complexities of it can be challenging. Consulting an experienced immigration attorney can provide invaluable guidance specifically tailored to your situation. At AVA, our attorneys can help you understand the U.S. immigration options available to you at a consultation.
Although losing a job while on an H-1B visa can be overwhelming and stressful, rest assured that there are potential paths forward. Whether you choose to seek new employment, change your visa status, or ultimately leave the U.S., taking proactive steps during your grace period is critical. Please remember, you do not have to face this process alone as our kind and passionate attorneys are licensed to practice U.S. immigration law in all 50 states and at all U.S. embassies and consulates around the globe! If you’d like to schedule a consultation with AVA, please click here.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
Current as of October 8, 2024