Losing your job while on an H1B Visa can be a stressful experience, but understanding your options is critical to maintaining your legal status in the United States. This guide covers the crucial steps to preserve your status and the potential consequences of failing.
Understanding H1B Visa Grace Periods
Upon losing your job on an H1B Visa, two grace periods are available for making adjustments:
- 10-Day Grace Period: This period commences from the end date of your H1B Visa status, as indicated on your USCIS Form I-797 Approval Notice or I-94 admission record. It’s a time to prepare for departure or to extend, change, or maintain your lawful status.
- 60-Day Grace Period: If your H1B status was valid when you lost your job, this 60-day period allows you to secure your immigration status without penalties. It begins from your last day of employment and cannot extend beyond the expiry of your Form I-797 or I-94.
Working During H1B Visa Transition
Under the “240-Day Rule”, you can work for a new employer during this transition period. This allows H1B transfer employees to work for up to 240 days while the renewal application is under review.
Implications of Job Loss or H1B Visa Non-Renewal
H1B Visas are employer-specific. If your employment ends, your H1B status becomes invalid. A new H1B Visa is necessary for a change of employer. If your visa expires without renewal, you have a 10-day grace period to depart the US or apply for an extension.
Avoiding Unlawful Presence
Staying beyond your authorized period can lead to “unlawful presence”, which has serious implications, including potential re-entry bars to the US:
- 3-Year Bar: This applies if you leave the US after more than 180 days of unlawful presence.
- 10-Year Bar: This applies if you accrue one year or more of unlawful presence.
- Permanent Bar: This applies if you reenter or attempt to reenter the US without admission after accruing more than one year of unlawful presence.
Preserving Your Immigration Status
To maintain lawful status, consider the following actions:
- File for a New H1B Visa: Submit USCIS Form I-129 during the grace period.
- Change of Status: Use USCIS Form I-539 to change to a dependent visa (like TD or H-4) or a visitor visa (B-1/B-2).
- Depart the US: Leave promptly if you cannot find employment or change status within the grace periods.
Maintaining your legal immigration status is essential for future travels and opportunities in the US. Stay informed and act swiftly to safeguard your status.
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Citations
- USCIS: USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs
- USCBP: Official Site for Travelers Visiting the United States: Apply for or Retrieve Form I-94, Request Travel History, and Check Travel Compliance
- USCIS: Unlawful Presence and Bars to Admissibility
We Can Help!
You may have questions regarding U.S. immigration laws and visas. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
