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Laid Off on an H-1B Visa? Here is What You Need to Know

David Nelson
David Nelson

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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.