How Long Is H-1B Visa After Layoff?

How long is an H-1B visa after being laid off? Being laid off can be hard and stressful, especially for people in the United States with an H-1B visa. To plan your next steps, you need to know the rules and deadlines that apply to your visa situation. One question that H-1B visa users often have is how long their visa will last after they lose their job. In particular, how long can they stay in the U.S. after losing their jobs?

How Long Is H-1B Visa After Layoff?

Workers with H-1B visas have up to 60 days to file their paperwork after their job ends. The following means that if your job stops on a Friday, you have up to 60 days to do something about your immigration status. This time is meant to be a temporary buffer that gives you time to think about your choices without being out of status right away.

H-1B Grace Period

U.S. visa rules give H-1B workers who have been laid off some time to get back on track. This time is meant to give you time to either find new work, change the status of your visa, or make plans to leave the country.

Steps To Take During The Grace Period

1. Find a New Employer:
   • Job Search: Right away, start looking for new job prospects. Make changes to your resume, make connections in your field, and apply for jobs that are useful to you.
   • H-1B Petition: As soon as you get a new job offer, the company must file an H-1B case for you. Form I-129 must be sent to the U.S. Citizenship and Immigration Services (USCIS) as part of this process.
2. Change Your Visa Status:
   • If you can’t find a new job during the grace time, you might want to change the status of your visa. To do this, you may need to change your non-immigrant status to one that fits your new situation better, like a student visa (F-1) or a dependent visa if that applies.
   • To start the change of status process, you must file the appropriate paperwork with USCIS before the 60-day period ends.
3. Depart the United States:
   • You must get ready to leave the United States if you can’t find new work or change the status of your visa within the 60-day grace time. Make sure you leave on time so you don’t overstay your visa, which can get you into a lot of trouble with the law.

Important Considerations

• Start Early: As soon as you hear that you’ve been laid off, start making plans for what to do next. The 60 days can go by quickly, so make the most of them.
• Legal Assistance: Talking to an immigration lawyer could help you figure out all of your options and make sure you’re making smart choices about your visa status.
• Documentation: It’s important to keep all the important papers, like job offers and firing letters, because you might need them when you apply for a visa or change your position.

Conclusion

As an H-1B visa holder, going through a layoff can be hard, but knowing about the 60-day grace time can help you take charge of your situation. It’s important to move quickly and get professional help if you need it when you get a new job, change your visa status, or decide to leave the country. You can handle this transition time better and keep your legal status in the United States if you stay informed and ready.

Frequently Asked Questions