What should one do after H1B visa layoff?

H1B is the visa for the immigrants which allows them to work in the US under the US employer who is ready to sponsor him. H1B visa layoff restricts the worker to work in the US. The problem is when there is no particular terms are defined in the immigration law. There is nowhere mentioning of the days for which a person can stay in the US after his visa get revoked. Some say 30 days or 60 days. Now the question is what will happen after your H1B visa layoff and What should one do after H1B visa layoff?

What can you do in the meantime when your visa get revoked and USCIS is processing the revoking letter?

Even after your H1B visa get revoked but on your I-94 form, you have time you are staying in the US legally. Generally, when your sponsor sent the revoking letter to the USCIS, it took them months for processing. It means you have time to find another job in meanwhile. Try to be quick in finding the employer who will sponsor you.  In the worst case possible you have to return and apply for the H1B visa again.

How to maintain the legal status after your H1B visa get revoked?

It is really important to maintain the legal status otherwise you can face the deportation because of the unlawful presence. Below mentioned are the ways in which you can do the same-

• One of the ways is changing the status from H1B to B1 or B2. For this, you will need the financial statement showing your funds to ensure the officials you can sustain in the US for the period of time. You need the return flight tickets showing your intentions of leaving the country.
• If you still have the time on the visa after getting laid off from the company, searching and joining the new company will help in maintaining your legal status by filing a petition regarding employer change.
• If the case is that you have filed for the employer change petition but you have not got any sponsor who could give you the employment then you can apply for the status change from H1B to B1 or B2.

What can happen after you applied for the employer change status?

Make sure your new employer files the application regarding your status to the USCIS as soon as possible. USCIS left with three choices once they received the petition

1. Approving the request.
2. Rejecting the request.
3. Approving the H1B request but reject the employer change petition- you will be issuing a Notice of Approval and after that, you have to leave the country. Here too follows the two conditions-

• If you have a valid original H1B visa- Flew to some other country and return with old H1B and Notice of the Approval form.
• On the expiration of the H1B visa, you can apply for the same while in abroad.

How can the Employment Authorization Document (EAD)  get you a job after getting laid off?

Employment Authorization Document (EAD) is employer independent that’s why having it will allow you to start working under the new employer after losing the job. It is all circumstantial that your employer on your behalf has to file the labor certification.

Conclusion

The H1B layoff is not a matter of worry as it becomes common nowadays in the US. Utilize that energy in finding the job and maintain the legal status while you are in the US after you lose your job. Make sure your new employer file the petition for the H1B and employer change on time. Doing all legally and on time will help you avoid situations.

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Diksha Garg

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