Either find another employment or change of status from H1B to another valid US visa status, such as F1 student visa, B1/B2 visa or E1/E2 treaty investor visa, you can talk to our bilingual immigration lawyer for a free consultation of 15 minutes.
Layoffs
The economic downturns in post pandemics have changed and impacted tons of thousands of people in all walks of lives, and those who work in high tech industries on work visas suffered the blows especially hard. Many high tech companies have brought in and sponsored as many foreign talents as they needed on H1B work visas, but now have terminated employment and laid-off these talents leaving them in extremely difficult positions.
H1B dilemma
Due to the nature of H1B work visa, once the underlying employment is terminated either voluntary or involuntary, a “60-day Grace Period” commences on the date of unemployment. It means the H1B visa holder has only 60 days to either find another employment or change of status from H1B to another valid US visa status, such as F1 student visa, B1/B2 business and visitor visa, E1/E2 treaty investor visa (only treaty countries nationals are eligible), etc.
If the above options all fail, the H1B visa holder has to leave the United States before the end of the Grace Period to avoid being considered “out of status”. Once a visa holder falls “out of status”, it will severely impact any future visa applications, and result in complications and problems one does not wish to have.
Note if the period validity in the I-94 ends sooner than the Grace Period, it supersedes the Grace Period, meaning the date on I-94 rules the validity of the duration of stay.
Solutions
Many H1B visa holders have established strong ties and connections to the land they work on, and have invested heavily in their American dream that makes leaving the US within 60 days the least desirable option. If you or anyone one you know are the casualty of an H1B layoff, please take timely actions to maintain legal status. While searching for new employment, please seek out experienced immigration attorneys at the same time to explore possible options of other legal status that best tailored to your needs.
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