H1B Visa Holders Options To Stay in USA After Layoffs

Since Elon Musk started the layoff season to downsize the employee strength after the takeover of Twitter, he twisted out the authority to impact over 91,000+ tech workers, including non-immigrants on H1B visas and other visas in the USA.

As per the reports, the layoff season is going to extend into the New Year 2023 and turn many people’s dreams into nightmares. So the laid-off H1B visa holders and other immigrants have around the 60-day stay deadline in the USA. Presently, with thousands of non-immigrants at this juncture,  the US citizenship and other immigration services have come up with some lawful options, especially for laid-off non-immigrants continue their stay in the US.

Did you just receive a layoff notice at your present job? Your employer or the HR manager should negotiate a lower severance payout so that you can extend the last few days of your employment in the present firm. The longer you stay employed, the more time you will have to hunt for other work during the American layoff season.

H1B visa to an H4 visa

Changing from an H1B visa to an H4 visa is the most secure option to stay in the US after being laid off. It is only feasible if both you and your spouse have H1B visas. You will have another opportunity to relive your American Dream while being dependent on your spouse.

If you fulfill the eligibility criteria for an O-1 visa, you can move to O-1 in the “exceptional ability” category within the 60-day grace period following the end of your H1B job. The O-1A/B visa is a non-immigrant visa for those with exceptional skill or achievements in the sciences, arts, education, business, sports, movies, and television. You may be eligible for an O-1A visa in the field of sciences if you are a highly qualified STEM professional. A skilled attorney can assist you in determining your eligibility. Then you may choose the ‘premium processing’ option.

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You can stay in the US beyond the 60-day grace period if your visa status changes. If you are alone in the United States (that is, you have no one to provide for you), you may want to explore switching to an F-1 student visa. Nonetheless, you must apply for a change of non-immigrant status before the H1B grace period expires. The United States offers various low-cost institutions that provide affordable courses to overseas students.

What to do if you are one of the freshly laid-off Americans?

Are you among the millions of freshly laid-off Americans with a 60-day deadline? If so, that is really sad. In the land of the American Dream, the 60-day grace period is the most critical moment of your life. Make use of your resources, network, and post job postings in online community groups. You may contact Indian-origin business leaders on LinkedIn. You can also contact the members of the boards of Indian temples in the city where you live. There are Indian community leaders among them; seek their assistance in locating a company willing to sponsor your H1B visa before the grace period ends.

When you get a fresh job, you can take advantage of the mobility regulations. The mobility laws allow H1B employees to accept new jobs without having to wait for the new employer’s H1B petition to be approved. Of course, the authorization of the new employer is important. You might request that the new employer expedite the H1B petition. You may remain in the United States until the USCIS makes a determination on your employment transfer and notifies you of its decision.

Your approved I-140 can be used to extend your H1B visa with a new employer. Form I-140 is a petition to the USCIS for an immigrant visa that seeks to designate non-immigrant foreign employees as lawful permanent residents based on employment. Unless your petition for an extension of your H1B visa is successful, your I-140 approval must be valid. The employer who petitioned for your immigrant visa will not extend your H1B status to the new employer if they withdraw the I-140 petition after terminating your employment within 180 days after approval.

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