H1b Approved But Laid Off

H1b Approved But Laid OffLook into Options for Changing . Option 1 – Get admission to college and transfer to F1 but F1 approval may take 3-6 months. Can my employer revoke H-1B after it is approved? Technically, your employer cannot revoke your H-1B visa on their own. Got a new employer to apply for transfer (change of employer h1b petition) for the h1b approval before Oct 1 but previous employer said they will withdraw the application after the new approval. Laid Off/Termination from H-1B employer: If the student has an approved H-1B petition and change of status, but is laid off/terminated by the H-1B employer before the effective date,. Can I transfer this H1B to another employer for a 1st October start? …. What about the laid off worker who is already the beneficiary of an approved . Under normal circumstances, an H-1B holder would have a 10-day grace period. Now I am looking for options to. H1 visa Questions and Answers. H1B Approved, but Laid Off. During an economic downturn many employees are concerned about their job security, but H-1B workers face even more challenges. Hi all, My H1B petition got approved this May and It was going to kick in October 1st. Sorry for you, but try to find a new job. I was laid off from my job a month ago in the US and my H1B visa will be revoked. I got H1B approved for employer A in 2012. H1B Approval Pending but got laid off? Avvo has 97% of all lawyers in the US. You should secure admission and get an I-20 from a SEVP approved school and then apply for a. If you have gotten your H-1B revoked or gotten a layoff before the end of that validation period, then this 10-day grace period does not apply. Employer B filed for my H1B transfer in first week of March 2013 (with option of going out of US to get new I-94 at Port of entry) and it got RFE. File i539 status change before 60 day end. No one enjoys having to fire employees, but it is a simple reality of the business world that termination or layoffs will sometimes be necessary. If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. use their accrued paid time off, but if the furlough is prolonged, . Option 1 - Get admission to college and transfer to F1 but F1 approval may take 3-6 months. Although out of status you remain in a period of authorized stay in the US until the expiration of your I-94 admission or approval. Jan 26, 2009 #1 Hi everyone, I'm with a big firm and and will be laid off in July. Knowing that if h1b is approved, October 1st would be my first date on h1b. Avvo has 97% of all lawyers in the US. Can the employer revoke H1B after it is approved? If you are laid off or have your H-1, B revoked, your H-1B status ends when your . 1) the HR told me that I can use my remaining unemployment days from OPT (90 days), and after the 1st of October, I. This will give you the opportunity to look for another employment or apply for a visa change of status. I did not file my I-485 due to the non-availability of. H1B I-797 expires in Oct 2024. Extension of Post Completion Optional Practical Training (OPT. been approved, there is still the possibility of using AC21, but it is much riskier. I hate to make this argument, but some of the worker protections built into the H-1B program, and the relative difficulty in getting new . H1B approved and then laid off. If you are in H1B status and you get laid off - don't panic. I applied for H1B transfer just after 10 days of lay-off which has been approved but without I-94. Hi everyone, I was laid off early this month (August) when I was on my OPT cap-gap. This could be H4, in case they have a H1-B beneficiary spouse or to F1, student visa. If not, see if they can at least wait until your H-1B is approved. You can change your employer right after your I-140 got approved with current employer, but here is the point i suggest you to be with current employer for 180 days after your approval with them. Hello All, I am on my 7th year (Started October 2012) of H1-B with an approved I-140. I did not file my I-485 due to the non-availability of priority dates. If you get laid off and are H1B out of status, don't panic. But I got laid off before that. If you are laid off, you will have 60 days to find another job or leave the country. Laid off workers in H1B status are in particularly difficult situations, as their legal status is dependent upon being sponsored by U. 7k Location Austin, TX Posted August 24, 2019 AbhishekPandey6 Members 3 Author Posted August 24, 2019 (edited) Hi Joe, thank you for replying. Don’t panic, as this is a more common situation than you might think, and while the H1B rules are pretty strict on having active employment, there are some potential solutions: Grace Period to Stay in the US. Be Aware of the 60-Day Grace Period · 3. I am aware that my H1 approval is of no use, but he said once you are picked in the lottery, you do not have to go through the lottery again for six years. In certain cases, USCIS may approve the Form I-129 but deny the extension . Since then I’m working for an employer who applied for my h1b, it got picked and now it’s pending approval. I was selected at the H1B lottery and I have already received the H1B approval and the I-797. If you are in H1B status and you get laid off – don’t panic. You may also try to inform your DSO that . USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U. But I don't want to continue with employer B because of two reasons - 1. Your H1B extension is at risk of denial or is already denied and you want to stay legally in the US by enrolling in a University. They are 2 different things. I got laid off a week ago from my contract position. The H4-EAD is attached to valid H4 status, which in turn is dependent on valid H1B status. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. Now I am looking for options to continue to be in the US without. Lawyer's Assistant: What steps have they taken so. However, these statements are merely opinions and do not have the force of law. Worker Would Be Laid Off than. H1B 60 days Grace Period Meaning: The H1B 60 days grace period means that you will not be considered " out of status " for almost 2 months after your unemployment. But my LC & I-140 are already approved thru my current employer. Laid off on H1B approved. If this scenario, USCIS will issue the Notice of Approval and you should depart the U. But I got laid off by employer A in Jan 2013. My H1B was revoked in Feb 2013 by USCIS. You have a visa that is still valid and you are within your period of authorized stay. My H1B got approved but It would start on October 1st 2020, and I got laid off, I'm currently on STEM OPT, can I transfer my H1B to a new employer before . If you have gotten your H-1B revoked or gotten a layoff before the end of that validation period, then this 10-day grace period does not apply. you have a visa that is still valid and you are within your period of authorized stay if an h-1b worker is laid off or quits, the worker has a grace period of 60 days or until the i-94 expiration date, whichever is shorter, to find a new employer or leave the country but my employer is willing to transfer the h1 pick to the new employer when …. The filling fees include the standard H1B Visa filing fee of $320(Form I-129), Fraud Prevention and Detection Fee of $500, ACWIA(training) fee of $1,500, optional premium processing fee of $1,000, and new Public Law 114-113 fee of $4,000 for petitioners who employ 50 or more employees and more than 50% of those employees are in H-1B or L-1. Under normal circumstances, an H-1B holder would have a 10-day grace period. We have completed sending non-selection notifications to registrants' online accounts. Hi all, My H1B petition got approved this May and It was going to kick in October 1st. So, I unknowingly filed an initial claim late on November 5th evening. H1b picked and approved in this year's lottery but was laid off and last day is July end. H1B Revoked, Withdrawal, Termination. If you are laid off and close to your 60 days timeline, apply for a COS to B1/B2 using medical reasons. What happens to that H1B?- Can a second employer legally transfer the approved H1B before October 1st?. I lost my job today is mass layoffs. The 60 days policy that a person who is laid-off, finds another job and files a new petition within 60 days of the lay-off, will not be considered to be out of status may still leave the person immediately out of status if a new H-1B employer fails to file an H-1B petition on their behalf or fail to file a change of status application within. 1, but the beneficiary's OPT employment authorization may expire before the H-1B start date. But once you submit the application, you are automatically on a Change of status. If your H1B status was not revoked when you were laid off and if you cannot find a new position and get a change of employer petition filed within thirty (30) days, you should apply for a change of status to B-1/B-2 visitor status. If this doesn't work out, I might have to pursue one of those day 1 cpts or a cap exempt h1b job. H1B & Canceling Unemployment benefits initial claim Hey folks, I was on an H1-B and was laid off in mid-October. But I got laid off by employer A in Jan 2013. H-1B worker to start work at a new employer before USCIS issues the H-1B approval are:. Fortunately, the Federal Register’s final rule has provided a 60-day grace period for H-1B employees who have had their visas revoked or have experienced a layoff. Got a new employer to apply for transfer (change of employer h1b petition) for the h1b approval before Oct 1 but previous employer said they will withdraw the application after the new approval. If my H1B is revoked, how long does it take. H1B approved and then laid off By sptl2305, September 24, 2013 in H1B : General Start new topic sptl2305 Posted September 24, 2013 jairichi 21. H1b approved on f1 stem but laid off. Laid off/H1b/I140 approved. H1B Approved, Laid off, Transfer before. If one has received and I-797A Approval Notice, their change of status automatically occurs on the date stated on said approval notice, whether they are employed by the company that filed. of Homeland Security (DHS) regulation that came into effect in Jan 2017, H1B Visa holders can get a grace period of up to 60 days, if they lose their job due to layoff or any other unforeseen reasons, before the end of their H1B petition validity. Workers in H-1B Visa and Layoffs. Request your current company to process payroll as late as possible and by extension allow you at least two weeks before off boarding Know that LCAs take at least 1 week to process, so you technically have 50 odd days to secure a job and have your new employer file your petition. Laid off on OPT cap gap. The 60 days policy that a person who is laid-off, finds another job and files a new petition within 60 days of the lay-off, will not be considered to be out of status may still leave the person immediately out of status if a new H-1B employer fails to file an H-1B petition on their behalf or fail to file a change of status application within. ), you can start working starting on or after H1B. You may consider a change to B visitor if you file before you are laid off or within 60 days. Murthy Law firm said 60 day H1 grace period will not apply to my case and I have to leave the country before Oct 1st to avoid unlawful status. Thanks so much for your answer, but unfortunately it's based on the assumption that I adjusted my status to B after being laid off on H1B. As per Dept. Jan 26, 2009 #1 Hi everyone, I'm with a big firm and and will be laid off in July. An H-1B work visa ties the visa holder to a certain employer in a certain location in the United States. If you are laid off and close to your 60 days timeline, apply for a COS to B1/B2 using medical reasons. Currently on f1 stem until next may. The 60 days policy that a person who is laid-off, finds another job and files a new petition within 60 days of the lay-off, will not be considered to be out of status may still leave the person. If you didn't continuously maintain your status, after your H-1B petition is approved, you may not get a new Form I-94 authorizing additional stay, but you may . 10 (U) TEMPORARY WORKERS AND TRAINEES. Losing a Job On H1B? THESE Are The Top 10 Best Options Ahead. However, under the new Final Rule, there is a 60-day grace period for. on the nationality of the beneficiary but may presume that DHS has approved this . Summary: You should ask Tesla to file your H-1B transfer using the approved petition. If your H-1B visa petition is approved with COS, and you live in the USA (F-1 visa to H-1B, L-1 to H-1B, L-2 to H-1B, H4 to H-1B, etc. If Company A’s approved petition is withdrawn before the new petition with Company B is approved, then the individual would no longer be considered “counted” under the cap. You are laid off from your H1B job. H1b picked and approved in this year's lottery but was laid off and last day is July end. 3k Posted September 24, 2013 September 24, 2013 Yes, you will be cap exempt Dude, if you want to go to school then go back to F1. Although you were selected in the lottery, you don't have H-1B status until 10/01 (or whatever the date is listed on the I-129 petition). Laid off or terminated by the H-1B employer: If the student has been approved to change their status to an H-1B nonimmigrant but is laid off/terminated by the H-1B employer. How To Handle A Revoked H1B Visa. What happens to that H1B?- Can a second employer legally transfer the approved H1B before October 1st? Lawyer's Assistant: What state are they in? It matters because laws vary by location. H1B sponsoring employer must not withdraw the H1B petition before October 1. If you pull it off, though, you can do it. a copy of your current H-1B approval, and a copy of your passport, visa, . before the petition is approved by USCIS, but no earlier than the start date of the . My H1b petition was approved in June 2022. I got H1B approved for employer A in 2012. In the 60-day grace period, USCIS allows the H1B worker to maintain the status even if. My I-94 is D/S (duration of status) from the F-1 (not sure why to be honest, I think they should have sent me a new one when I adjusted my status to H1B in October but maybe I'm wrong). Option 1 – Get admission to college and transfer to F1 but F1 approval may take 3-6 months. H1B Visa Approved with Change of Status. You should ask Tesla to file your H-1B transfer using the approved petition. Answer (1 of 53): **This is not legal advice nor cannot be substituted for legal advice ** Since this has immigration related info - going anonymous on this one. The lawyer advise makes sense. H4 EAD can work as long as H1B can legally stay in the US. Even though the situation is bad, panicking will only make it . The COS won’t be approved for at least 6 months. Yesterday I learned that i am to be laid off by my company in three weeks. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2023. THINGS TO KNOW AFTER YOUR H. Workers in H-1B Visa and Layoffs. I am still in the US, so what are my options? A. His H-1B visa was approved in December, but as his start day approached, “If they start laying people off or furloughing workers, . My employer has withdrawn/revoked my petition IF NOT JoeF Members 21. File H4, F1 or B1/B2 change of status application to stay in US after H1B job loss. Don’t panic, as this is a more common situation than you might think, and while the H1B rules are pretty strict on having active employment, there are some potential solutions: Grace Period to Stay in the US. However, these statements are. In the COVID-19 era, job losses, reduced hours, and. I’ve been on H1B visa for ~10 years. My questions are: 1) Can I transfer my. Continue Reading 697 22 23 Ben Wright. This of course, has to coincide with college admissions and. 180 Day Portability Rule FAQs. H1B Layoff: What Should You Do?. H1B is Approved But Employer Terminated my Employment (Laid Off). They may wait 60 days without a wage obligation. 1) The sponsoring employer goes out of business; or. Three Steps to Terminate the Employment of an H. Change of status from H1 to F1 involves two steps. This naturally presents H1B. When the USCIS issues the H1B approval notice, the H1B. Answer (1 of 3): Don’t Panic If you are in H1B status and you get laid off – don’t panic. My H1B was revoked in Feb 2013 by USCIS. Employer B filed for my H1B transfer in first. But I was laid off and my last. Various USCIS officials over the years have opined an H1B worker must submit an application for an H1B employer change 30 days or 60 days of being laid off. Some companies are blaming the pandemic while others blame over-hiring during periods of rapid expansion, but whatever the reason, many US-based . "Can I be approved for an extension of status beyond six years if I year of H-1B status, and he has learned that he will be laid off. I got H1B approved for employer A in 2012. remote work, temporary office closures, furloughs, and layoffs. I got laid off a week ago from my contract position. But my LC & I-140 are already approved thru my current employer. If this scenario, USCIS will issue the Notice of Approval and you should depart the U. You can transfer it before Oct 1 if it isn't withdrawn by your current employer. H1B Approved, but Laid Off. L1 worker can file H1B COS too. My H1B was approved and I have the approval notice. Close All Open All Cap-Gap Extensions Eligibility for an Extension. A new H-1B employer’s petition will not subject to the H-1B cap. My 6th year H1 will expire on Dec 31, 2009. I finished my masters in 2021 May. Hello! I was recently in a similar. During these 60 days: H1B and H4 dependents can stay legally in the US. This might happen because the company who helped the person get the visa lays them off or otherwise terminates the employment. Hi everyone, I'm with a big firm and and will be laid off in July. If an employee has an approved H1B that kicks in from October 1st and is laid off before that. Sometimes, however—especially during tough economic times —employers are forced to trim their staff and let employees go. But I got laid off before that. My H1B got approved but It would start on October 1st 2020. After all the trouble of applying for and receiving an H-1B visa, the foreign worker can, unfortunately, end up losing the job upon which the visa and status depend. , furlough, benching or temporary layoff). If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. Laid-Off H-1B Workers. PD - 2018 If I’m laid off and if I can’t secure a new job in 60 days and then have to leave USA. with a valid H1 visa from your previous employer. my current I-94 is valid till 2011. I got laid off on August 25th, 2022. Got a new employer to apply for transfer (change of. (AFTER my OPT EAD expires, but BEFORE the Cap-Gap extension expires Sept 30) (expand). As soon as I have a new employer, they will be able to file for my H1 under the cap-exempt category. Change of Status: Seeking a change of status is another alternative. actively looking for another H1-B sponsoring employer but also collate substantiating evidence of the same. Thread starter ethics4; Start date Jan 26, 2009; E. As stated above, H-1B visa holders who suddenly find themselves unemployed have three options. This 7 days window between the layoff and filing a new H1B petition may be critical . Hi all, My H1B petition got approved this May and It was going to kick in October 1st. H1B Approved, but Laid Off. How to Transfer H1B Visa Before Start Date to New Employer. Here’s another H1b applicants experience People are not understanding the process. I definitely will advise against using CPT. If you are laid off, you will have 60 days to find another job or leave the country. Hi everyone, I'm with a big firm and and will be laid off in July. I applied for H1B transfer just after 10 days of lay-off which has been approved but without I-94. You will need to apply for a visa stamp. H-1B Employees Who Are Laid Off or Furloughed An H-1B work visa ties the visa holder to a certain employer in a certain location in the United States. 10 Days? Some fear that a laid off H1B worker has only ten days to either apply for a new job or leave the U. After all the trouble of applying for and receiving an H-1B visa, the foreign worker can, unfortunately, end up losing the job upon which the visa and status depend. My H1b petition was approved in June 2022. When you are on h-1b, your stay in the US is legal if you have employment with the sponsor (er). Top 6 Job Options for H1B Layoffs · 1. After all the trouble of applying for and receiving an H-1B visa, the foreign worker can, unfortunately, end up losing the job upon which the visa and status depend. Under normal circumstances, an H-1B holder would have a 10-day grace period. H1B Approved, Laid Off on OPT. The chances of an employee getting 2 separate H1B Visas approved are pretty slim. companies under H-1B visa are also affected. If an employee has an approved H1B that kicks in from October 1st and is laid off before that. Laid off/H1b/I140 approved. The Approved Petition (but denies Extension of Stay) means that the . If you have gotten your H-1B revoked or gotten a layoff before the end of that validation period, then this 10-day grace period does not apply. What happens to approved I. 2) The sponsoring employer files a written withdrawal of the petition. Various USCIS officials over the years have opined an H1B worker must submit an application for an H1B employer change 30 days or 60 days of being laid off. You will automatically be in H1B status on October 01 if the employer requested "change of status" in its H1B filing. Get A Free Visa Assessment From An Experienced Immigration Attorney Full Name Email Phone Number (optional). I’m on a H1B visa. I was laid off from my job a month ago in the US and my H1B visa will be revoked. Don't panic, as this is a more common situation than you might think, and while the H1B rules are pretty strict on having active employment, there are some potential solutions: Grace Period to Stay in the US. Last edited by a moderator: Jul 31, 2004 S ssg10 Registered Users (C). Thus, the new employer's H1B petition may be approved, but with an instruction to depart the U. Sometimes, however—especially. H1B Approval Pending but got laid off? Avvo has 97% of all lawyers in the US. Q: I have been laid off or terminated by my H-1B employer, . I have a few questions that I would like to ask: 1. Licensed for 18 years. You are laid off from your H1B job. Otherwise, you can't work 2 H1B . Unfortunately I am laid off from FTE (Full Time Employment) with an en H1-B with Approved I-140 Laid Off. You may have to register before you can post: click the register link above to proceed. When an employer says they will revoke a person’s. 1 (l) (2) clarifies situation with I-94 expiration date that is earlier than the H1B petition approval notice. My current employer filed H1B application via Premium Processing which got picked in lottery and then later got approved on 22 May 2019. A new H-1B employer’s petition will not subject to the H-1B cap. This grace period is only applicable to 10 days before and after your H-1B visa validation period. My H1B is approved from an employer and starts from Oct 1st, 2018. They should be mindful, though, that H-1B visas are reserved for specialty occupations that require a certain set of skills. Only after an LCA is approved we can file an H1B transfer petition. To start viewing messages, select the forum that you want to visit from the selection below. Answer (1 of 3): The B visa application is not likely to be approved. My H1B is approved from an employer and starts from Oct 1st, 2018. Unfortunately I am laid off from FTE (Full Time Employment) with an 2) You can get approved petition but without I-94 [specially with . With US Tech Layoffs, is Canada the Solution, Especially for H. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. Laid off on H1B approved. H1B Topics; If this is your first visit, be sure to check out the FAQ by clicking the link above. Amid waves of layoffs, an H1B . I finished my masters in 2021 May. Immigration Attorney in Newark, CA. USCIS may approve the H1B petition, but deny the application to change employers; In that final scenario, it’s likely that USCIS will have determined that too much time has passed since you were laid off. That essentially gives you a month to find a new employer and file the new H-1B petition. The 60 days policy that a person who is laid-off, finds another job and files a new petition within 60 days of the lay-off, will not be considered to be out of status may still leave the person immediately out of status if a new H-1B employer fails to file an H-1B petition on their behalf or fail to file a change of status application within. You may also try to inform your DSO that your employment was terminated and enroll in another F-1 program to continue your status, although this route is not recommended. So at this point you are NOT accruing unlawful presence, even though you fall out of status when you are no longer working for your H1B sponsor. If this doesn't work out, I might have to pursue one of those day 1 cpts or a cap exempt h1b job. Let’s say a few months later, I keep doing remote interviews and eventually get a new job and they want to bring me back to USA. H1B Visa Petition Approval Case Status Here's Series of Steps to Expect After H-1B Visa Petition Approval by USCIS Approval Notice (I-797) will be mailed to your attorney via USPS slow mail (I-797 Approval Notice) The attorney will send the Approval Notice and other documents to you (or Employer). Got my H1B approval notice in July while I'm on STEM 0PT and now I'm not on payroll since I was working with a temp agency. USCIS may approve the H1B petition, but deny the application to change employers; In that final scenario, it’s likely that USCIS will have determined that too much time. If you have gotten your H-1B revoked or gotten a layoff before the end of that validation period, then this 10-day grace period does not apply. We have completed sending non-selection notifications to registrants’ online accounts. H1B with I 140 laid off option post 60 days grace. There are only two circumstances in which the immigration service will automatically revoke an H1B: 1) The sponsoring employer goes out of business; or 2) The sponsoring employer files a written withdrawal of the petition. You do have to leave before September 30. Nagesh is one such H-1B worker and he had posted the following comment in the post, H-1B Visa Questions and Answers. If you're saying that there's a chance of a layoff, you can try and talk to your employer to see if they can wait until 10/01. Hi everyone, I was laid off early this month (August) when I was on my OPT cap-gap. What are my options ? Avvo has 97% of all lawyers in the US. Approved H1B. You do have the option to file H1B, H4, B1/B2, or F1 change of status applications but chances are quite low for approval as there is no 60-day . H1B sponsoring employer must. Now I am looking for options to continue to be in the US without going out of status or becoming an illegal immigrant after 60 days grace period. Question 42: My H-1B visa was approved, but I did not arrive in the US for . USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U. Hi all, My H1B petition got approved this May and It was going to kick in October 1st. However, I talked to their immigration specialist and she said they would help me maintain status by paying me for Oct 1 date if they don't find any opportunities for me. Laid Off/Termination from H-1B employer: If the student has an approved H-1B petition and change of status, but is laid off/terminated by the H-1B employer . If USCIS grants your new H1 petition, you are not required to have a new H1 visa stamp. Various USCIS officials over the years have opined an H1B worker must submit an application for an H1B employer change 30 days or 60 days of being laid off. You can also go back to school to get another degree by converting to F1 status. This might happen because the company who helped the person get the visa lays them off or otherwise terminates the employment. It says “ H1B Holder gets 60 Days of grace. I have an approved I-140 from *previous employer. H1B automatically gets up to 60 days grace period if an H1-B employee was laid off due to circumstances outside his/her control. Even though the H-1B is “dual intent” you have an approved I-140 immigrant visa, and the underlying (most likely) PERM labor certification?. Summary: You should ask Tesla to file your H-1B transfer using the approved petition. H1B Approved, but Laid Off. On the other hand, if you do nothing for 59 days, and then suddenly have a petition submitted on day 60, USCIS might not approve the status extension part . Hello All, I am on my 7th year (Started October 2012) of H1-B with an approved I-140. However, this grace period only applies after the visa validation period is over. One way to handle a situation where you have prior knowledge that your current H-1B employer will revoke status or issue layoffs is to change employers because the USCIS will generally approve petitions if you’ve had status and the gap is 30 days or less. Thanks so much for your answer, but unfortunately it's based on the assumption that I adjusted my status to B after being laid off on H1B. My employer is going to revoke my H1B on the 25th. He landed a job with a Silicon Valley startup, but the downturn claimed his . What other obligations does an H-1B employer have? Is there a grace period if I am laid off or terminated? Does an H-1B extension have to be approved before my . My H1B is approved from an employer and starts from Oct 1st, 2018. But my employer terminated my employment on Sept 17th, 2018. Make efforts to find another job as soon as possible, while following the above guidelines to . Unfortunately I am laid off from FTE (Full Time Employment) with an en H1-B with Approved I. Posted August 24, 2019 My H1B petition got approved this June and It was going to kick in October 1st. If you are able to find another job within 60 days of your last day at work, you can file an H1B transfer and stay in status (but it’s best to talk to an attorney and make sure you will be eligible for a transfer as a few things factor into that). You can stay in the US for 60 days if you lose your H1-B job. In this event, it would be necessary to travel abroad, obtain a new H1B visa at the consulate (if needed), and obtain a new I-94 card at the port of entry. Options to Stay in the US after 60 Days #1 H1B transfer within 60 days. However, my employer told me I was unfortunately laid off and my last date is September 28th. USCIS may approve the H1B petition, but deny the application to change employers; In that final scenario, it's likely that USCIS will have determined that too much time. , many companies are laying off their workers. at another employer's worksite where US workers have been laid off, . H-1B Employees Who Are Laid Off or Furloughed. advanced degree exemption, known as the master's cap, for fiscal year (FY) 2023. Best, Edited August 24, 2019 by AbhishekPandey6. Once you get new job, lawyers will abdicate the B1/B2 and file for H1-B transfer. Jan 26, 2009 #1 Hi everyone, I'm with a big firm and and will be laid off. When you claim for unemployment, you are telling the government that you are not employed any more and hence you are out of status. The new employment must be a job, which is the same, or similar to the job for which a labor certification was received or I-140 approved. H1B Topics; If this is your first visit, be sure to check out the FAQ by clicking the link above. Answer (1 of 3): The B visa application is not likely to be approved. One way to handle a situation where you have prior knowledge that your current H-1B employer will revoke status or issue layoffs is to change employers because the USCIS will generally approve petitions if you've had status and the gap is 30 days or less. I wasn't aware that laid-off H1-B's are not eligible for unemployment benefits (unfortunately I didn't know about this forum, or else I would have known better!!). When an employer says they will revoke a person's H1B, all they can really do is request withdrawal of the petition. But I got laid off before that. USCIS may approve the H1B petition, but deny the application to change employers In that final scenario, it's likely that USCIS will have determined that too much time has passed since you were laid off. H1B I-797 expires in Oct 2024. Loss of job/laid off during Covid/coronavirus times Video Transcript: First of all you are in a good situation because if you have a I-485 pending then you can continue to stay even if you lose your H-1B or L-1 or any status because I-485 allows you to stay here. However I was laid off in Jan 2009 and tried to go to F1 again, which was got rejected due to my I-140 approved at the same time. They can choose to seek a new job and a new H-1B sponsoring employer. That essentially gives you a month to find a new employer and file the new H-1B petition. what are my options now Submitted: 12 years ago. After all the trouble of applying for and receiving an H-1B visa, the foreign worker can, unfortunately, end up losing the job upon which the visa and status depend. The new petition would be denied for filing outside of the H-1B cap window. I got laid off on August 25th, 2022. H1B workers have. The first thing you need to do if you're laid off while on an H1B is remain calm. I am on H1B with I -140 approved. If you have gotten your H-1B revoked or gotten a layoff before the end of that validation period, then this 10-day grace period does not apply. I am on H1B with I -140 approved.