A 29-year-old H-1B professional was recently laid off less than a month after returning to the United States. The worker shared his story anonymously on Reddit. His situation highlights a growing fear among skilled foreign workers in the U.S. A sudden job loss triggers an immediate and strict countdown for H-1B visa holders.
According to immigration experts, many workers are caught unprepared. Rahul Reddy, an immigration lawyer, emphasizes the universal need for a contingency plan. He states that assuming job security is the biggest mistake an H-1B employee can make.
The Critical H-1B Grace Period Explained
Termination of employment starts a strict 60-day grace period for H-1B workers. This timeframe is mandated by U.S. Citizenship and Immigration Services. During this window, the individual must secure new employment and file a transfer petition.
They can also choose to change their immigration status or depart the country. Sixty days can pass very quickly under such pressure. Many workers struggle to find a new sponsor and complete the legal process in time.
Essential Backup Plans Every Worker Needs
Immigration attorney Rahul Reddy outlines several key strategies. He calls these the “smartest moves” for any H-1B professional facing a layoff. These options provide legal pathways to remain in the U.S. while resolving the situation.
One common strategy is applying for a change of status to a B-2 visitor visa. This allows a person to stay in the country for several months to regroup. It does not permit work but provides valuable time to plan the next step.
Another option is switching to an F-1 student status. This is viable if the individual intends to pursue further education. Enrolling in a new program can maintain legal presence while potentially enhancing skills for future employment.
For those with a spouse on an H-1B, transitioning to H-4 dependent status is often the safest route. This status allows the individual to remain in the U.S. indefinitely, tied to their spouse’s visa. It can also provide work authorization if the spouse meets certain green card application milestones.
The financial and emotional toll of an H-1B layoff is significant. Having a prepared Plan B is no longer optional but a necessity for survival in the U.S. immigration system.
Info at your fingertips
What is the grace period after an H-1B layoff?
You have a 60-day grace period after job termination. This time allows you to find a new sponsor, change your status, or arrange your departure from the United States.
Can I stay in the U.S. if I can’t find a new H-1B job quickly?
Yes, you can apply to change your status to a B-2 tourist visa or an F-1 student visa. These options let you remain in the country legally while you figure out your next steps, though they do not allow you to work.
Is it better to just go back to my home country?
Returning home preserves your legal status, but it is no longer a simple solution. New rules, including a potential $100,000 fee for certain returning H-1B workers, make this a riskier and more complex choice than before.
What is the H-4 visa option?
If your spouse holds a valid H-1B visa, you can apply for H-4 dependent status. This allows you to stay in the U.S. and, in some cases, apply for an Employment Authorization Document (EAD) to work.
Why do experts say every H-1B worker needs a Plan B?
The job market can be unpredictable. Having a pre-researched strategy prevents panic and costly mistakes during the stressful 60-day grace period following a sudden layoff.
জুমবাংলা নিউজ সবার আগে পেতে Follow করুন জুমবাংলা গুগল নিউজ, জুমবাংলা টুইটার , জুমবাংলা ফেসবুক, জুমবাংলা টেলিগ্রাম এবং সাবস্ক্রাইব করুন জুমবাংলা ইউটিউব চ্যানেলে।
