Help! I was on an H1B and I got laid off!!!
- Author Justin Randolph
- Published February 10, 2009
- Word count 431
It’s pretty clear that the economy is bad with only a few holdouts are denying it at this point. So what to do when you are on an >H1B visa and you get laid off?
Well first of all don’t panic.
You likely have a visa that lasts for years at this point so you are NOT accruing unlawful presence even though you ARE out of status.
What in the world does that mean?
Well, simply put too much unlawful presence means that you will not be allowed back into the US for many years. Specifically, 180 days to 365 days of unlawful presence means that you will be barred from the US for three years should you leave and attempt to return. Anything over a year results in a 10 year bar to reentry should you leave the United States.
But I’m out of status so I’m accruing unlawful presence right?
No, not at all.
The date on your I-94 rules your world. So if you still have time on your I-94 then you are not accruing unlawful presence until that date has passed.
GREAT! I’ll just stay!
Well the bad news is that you ARE deportable since you are out of status so that’s a really bad idea! Additionally, you can’t change your status to any other status once you are laid off since you are no longer in valid non-immigrant status. That means you’ll have to leave if you try to change your status.
So what do I do??
I can’t answer that question for you. However, I can say that you aren’t supposed to be here (and I would never advocate that you violate any immigration laws) BUT if you quickly find a new and appropriate H1B visa sponsor you MAY get lucky and the USCIS MAY allow you to change employers without leaving. It’s certainly happened before and, arguably, you getting laid off isn’t your fault and you and your new employer shouldn’t be punished for you getting laid off. In other words, you shouldn’t have to spend the money to leave the US, get your new H1B issued, and then reenter costing you and your employer time and money.
The likely worst case scenario in this instance is the USCIS issuing you an H1B but making you leave to get your new visa stamped.
But you’ll have to find an appropriate job and beg for mercy from one of the most merciless agencies in the United States!
Good luck!
Justin G. Randolph has been practicing immigration law since 2001.In addition to his practice, Justin has been teaching immigration law and procedure to paralegals since 2007.
NOTE: No attorney/client relationship is formed through the submission or viewing of this article. This article is not intended as a substitute for legal advice from a licensed attorney.
Assitance with your H1B visa. Free Email or Phone Consultation
Article source: https://articlebiz.comRate article
Article comments
There are no posted comments.
Related articles
- The Role of Diplomacy in Unrecognized States: A Case Study of Somaliland
- Ontario’s New Homeowner Protection Act
- Why Nanda & Associates Lawyers Are the Top Choice in Brampton
- Essential Contracts Every Freelancer Should Have
- What to Do When Your Ex Violates a Custody Agreement
- How Houston Personal Injury Lawyers Handle Insurance Companies
- How to Prepare for Your First Meeting with a Personal Injury Lawyer in Orlando
- Best Books for Defense lawyer for Felony Robbery
- Establishing a Company in Serbia: A Guide to Business Ownership Types
- How To Get Compensation for a Work Injury
- Navigating Compliance for Personal and Professional Contributions
- Unraveling the Mysteries of Intellectual Property Law: A Comprehensive Guide
- Boston Car Accident Attorneys and Insurance Companies: A Complex Relationship
- How a Los Angeles Car Accident Attorney Can Help You
- Slip and Fall in Chula Vista: Who is Accountable?
- Can I Get Compensated After a Truck Accident in Los Angeles
- Local Tax Attorney vs Competitors: A Comparative Analysis of Legal Services in Orlando
- J. David Tax Law: Your Top Tax Levy Lawyer in North Carolina
- Who Can Garnish Tax Refunds: Your Questions Answered
- Unlock the Secrets to Handling a North Carolina Notice of Deficiency
- The Importance of Financial Services: Enabling Debt Management and Legal Debt Settlement
- Justin C Freeman
- What are the Eligibility Criteria for a Spouse Visa? How to find right Spouse Visa Attorney in Houston?
- Importance, Benefits, and Tips for Hiring a Houston Immigration Attorney
- Importance and Tips of Hiring a Houston Immigration Attorney
- The Importance of Protecting Whistleblowers
- WHY CLASS ACTIONS ARE SO IMPORTANT TO SOCIETY
- THE CONSTRUCTION INDUSTRY AND ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISMS
- Lawyer Connections - Finding a Criminal Defense Lawyer
- “The House is Haunted” – Surely the Value should be Decreased?