Being laid off is challenging, especially when your work visa and residency in the U.S. depend on your employment status. If you’re an H-1B visa holder who has recently been laid off, it’s crucial to understand your options and act quickly to maintain your legal status. Here’s a guide to help you navigate this difficult situation:
Assess the 60-Day Grace Period
H-1B visa holders are typically granted a 60-day grace period if they are laid off. This period allows you to stay in the U.S. legally while you look for new employment or decide to change your visa status. Use this time effectively to explore your options.
Seek New Employment
Your top priority should be finding a new job. Look for employers willing to sponsor your H-1B visa. You must find an employer who can file a new H-1B petition on your behalf before the end of the grace period to avoid having to leave the country.
Consider Changing Your Visa Status
If finding a job quickly is not feasible, consider changing your visa status to stay in the U.S. legally. One common option is to apply for a B-2 tourist visa, which allows you to stay in the country while you sort out your next steps. Filing Form I-539 is required to change your status.
Consult with an Immigration Attorney
Navigating U.S. immigration laws can be complex and confusing. Consulting with an immigration attorney can provide clarity and guidance. An attorney can help you understand the paperwork, fees, and timelines associated with maintaining or changing your visa status.
Understand the Impact on Your Spouse
If you have a spouse on an H-4 visa, their ability to stay in the U.S. is tied to your H-1B status. If you change your status, apply for a new visa, or leave the U.S., your spouse’s H-4 status will be directly affected. They may also need to file Form I-539 to change their status if they wish to remain in the U.S.
Plan for the Worst-Case Scenario
It’s important to prepare for all possible outcomes, including the possibility of having to leave the U.S. Make arrangements for your return home if you are unable to secure new employment or change your status. Consider what this means for your living situation, possessions, and financial obligations.
Stay Informed and Compliant
Keep yourself updated with any changes in immigration policies that might affect your status. Ensure that all your documents are up to date and that you remain compliant with all legal requirements while you are in the U.S.
Reach Out for Support
This period can be stressful, so it’s important to seek support when needed. Engage with community groups, consult with legal experts, and connect with others who have been in your situation for advice and encouragement.
Contact Our Experienced Immigration Attorneys At NPZ Law Group
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.