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Losing your job when on a H1B visa is tough, very tough. We are here to help you find a job as quickly as possible by connecting you to potential employers and laying out options that you might want to pursue as you evaluate next steps.
You have several options as a H1B holder that you need to be aware off.
While the media is filled with news of layoffs, there are several companies out there looking for talented people and the job market overall is quite strong. So, first step is to get out there and start applying for jobs with companies that traditionally sponsor H1B visas.
Don’t despair if you really like a job posting at a company. Policies are made by humans and if a hiring manager really likes you they can convince their organization to make an exception. Make sure you network with other employees at the company and ask them to make introductions to the hiring manager to build a direct rapport.
If you are running of out of your grade period of 60 days, talk to an immigration attorney about changing your status from H1B to B2 visa so you can continue to reside in the country while looking for a job.
If your spouse is on a H1B and you are running out of time on your H1B, consider changing your status to H4 and then applying for work authorization and obtaining the EAD card.
If none of above work, then you have the option to enroll into a school for further education and change your status to F1 student visa. If eligible, you could also work on a F1 OPT once you find your next job.
Given that you have only 60 days of grace period after getting laid off, you need to make sure you are keenly aware of the H1B visa transfer process and timelines so that you can get back to normal as quickly as possible.
After accepting your new job offer, your company’s immigration attorney’s will be going through the following steps:
Be prepared to provide the following documents to your employer and their attorneys.
Current H1B Visa Stamp
Degrees and Certificates
Employer needs to file form ETA9035E to get the LCA certification from the Department of Labor.
After receiving the LCA, the employer needs to file I-120 H1B petition with USCIS. USCIS will send a receipt notice to the employer and employee while the H1B is bring processed. The good news is that you can start working as soon as you receive the receipt notice!
If filed under premium processing, I-129 petition will be processed in 15 calendar days, otherwise the processing can take several months. For current case processing times, visit this USCIS link.
USCIS may request additional evidence to adjudicate your petition. Work with your employer’s attorneys to respond to the RFE. Once the response has been filed, the processing time clocks resets to zero.
DISCLAIMER: The website is meant to provide high-level information to H1B visa holders. We are not immigration attorneys. and take no liability for actions and outcomes based on the information provided here. Please consult a qualified immigration attorney for accurate information that suits your specific needs.