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Laid Off?

What to do if you experience job loss on an H1B visa

This article, written in January 2025, is for informational purposes only. Please consult with an immigration attorney to understand the most recent legal framework.
 

1. Understand the Grace Period

  • If laid off, H1B visa holders have a 60-day grace period to remain in the U.S. without violating immigration status.

  • During this time, you can:

    • Find a new employer to sponsor your H1B.

    • Change your visa status (e.g., B2 tourist visa or F1 student visa).

    • Prepare to leave the U.S. if no options are available.
       

2. Negotiate Severance Benefits

  • Ask your employer for severance, including extended health insurance or assistance with immigration fees.

  • Request a signed termination letter to show the USCIS your employment end date if needed.


3. Start Job Hunting Immediately

  • Reach out to recruiters and professional networks. Use platforms like LinkedIn, Indeed, and industry-specific sites.

  • Let potential employers know you're on an H1B and discuss sponsorship during interviews.


4. File for a Change of Status

  • If you're unable to secure a new H1B sponsor, consider switching to another visa type:

    • B2 Visa (Tourist): Allows you to stay in the U.S. while job searching.

    • F1 Visa (Student): Enroll in a degree or certification program.

    • O1 Visa: For individuals with extraordinary abilities.


5. Consult with an Immigration Attorney

  • Seek legal advice to understand your options and avoid jeopardizing your immigration status.

  • Immigration attorneys can help expedite applications and offer personalized guidance.


6. Transfer Your H1B to a New Employer

  • Once you receive a job offer, your new employer can file for an H1B transfer.

  • You can begin working as soon as USCIS receives the application (you don't need approval to start).


7. Consider Other Employment-Based Visa Options

  • L1 Visa: If your company has a branch overseas, you might qualify for an intracompany transfer.

  • EAD (Employment Authorization Document): If you're married to an H1B holder with a green card in process, explore work eligibility through their visa.


8. Explore Green Card Opportunities

  • If you're close to the green card process, try to expedite it or transfer sponsorship to a new employer.

  • Some categories like EB2 or EB3 may provide flexibility.


9. Stay Organized

  • Keep track of important documents like your I-797 approval notice, I-94 record, pay stubs, and recent W-2 forms.

  • Regularly update your resume and portfolio to streamline the job search.


10. Join Support Communities

  • Engage with H1B-focused groups or forums online, such as Reddit or specialized LinkedIn groups. Many members share job leads, resources, and emotional support.


Tips for Long-Term Job Security

  • Build a strong professional network to stay informed about opportunities.

  • Consider certifications or skill-building programs that make you more competitive.

  • Stay proactive by learning about new immigration rules or policies affecting H1B holders.

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