Laid Off on an H-1B Visa? Here is What You Need to Know
If you are on an H-1B visa and have been laid off, it is important to understand your options and rights. Here are some key points to keep in mind:
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You can remain in the United States while you search for a new job. Your H-1B status is tied to your employment, so if you lose your job, you may also lose your H-1B status. However, you are allowed to remain in the United States while you look for a new job, as long as you do so in a timely manner.
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You may be able to transfer your H-1B visa to a new employer. If you are able to find a new job within a reasonable amount of time, you may be able to transfer your H-1B visa to the new employer. This process is known as an H-1B visa transfer. In order to do this, the new employer must file a new H-1B petition on your behalf, and you must be able to show that you are still qualified for the job.
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You may be able to apply for a different visa status. If you are unable to find a new job or transfer your H-1B visa, you may be able to apply for a different visa status. For example, you may be able to apply for a student visa if you are enrolled in a full-time academic program, or you may be able to apply for a tourist visa if you have a valid reason for visiting the United States.
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You may be able to extend your H-1B visa if you have an approved I-140 petition. If you have an approved I-140 petition (a petition for an immigrant visa), you may be able to extend your H-1B visa beyond the six-year maximum period of stay. This is known as the "240-day rule." Under this rule, you are allowed to remain in the United States for up to 240 days while you wait for your immigrant visa to become available.
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You should consult with an immigration attorney. If you have been laid off on an H-1B visa, it is important to seek the advice of an experienced immigration attorney. An attorney can help you understand your options and guide you through the process of transferring your H-1B visa or applying for a different visa status.
In summary, if you are on an H-1B visa and have been laid off, you have a number of options available to you. You can remain in the United States while you search for a new job, you may be able to transfer your H-1B visa to a new employer, you may be able to apply for a different visa status, and you may be able to extend your H-1B visa if you have an approved I-140 petition. It is important to seek the advice of an experienced immigration attorney to help you understand your options and guide you through the process.