Getting the green light to work in the US is like starting a new life. But most of the time, this green light is not only temporary. It also depends on you staying in your job. Temporary work visas have specific requirements. Most importantly, you must keep your job to maintain your immigration status in the US.
That means if you lose your job, the immigration consequences could be life-altering. Losing your job and income can be challenging regardless of who you are. But for people on work visas, it can mean quickly getting out of the US.
But do not worry! An immigration attorney in Queens Village has got you covered! Regardless, this post put together a guide to help you stay motivated and explore all your options. If you lose your job as a work visa holder, here’s what you need to know and do next.
What Happens After I Lose My Job
When an employer fires a foreign employee, they usually must file a notice of withdrawal with USCIS. It will inform the government that the employee’s work visa is no longer valid. Foreign employees who lose their jobs become “out of status.”
Being out of status doesn’t require immediate departure from the US or put you at risk of deportation. Not at all. You do not have to immediately worry about leaving right away. Foreign workers can stay in the US for up to 60 days without any legal issues.
To know when your 60-day grace period began, ask an immigration attorney in Queens Village. But the government can shorten or end that grace period. You cannot work in any other job during that grace period. You can consider other visa options to extend your stay.
You can apply for a new job, change your status, or get a green card.
Available Options
Luckily, there are some things you can do depending on who you are and what kind of work permit you have. USCIS has all the info you need if you lose your job as a nonimmigrant worker, whether willingly or forcefully. An immigration attorney in Queens Village can help you grasp this info.
If you are one of these workers, you have a few ways to stay in the US during your authorized stay period, depending on the rules and regulations in place. As noted earlier, nonimmigrant workers have a 60-day grace period.
Regulations make it possible for workers in specific categories (E-1, E-2, E-3, H-1B, H1B1, L-1, O-1, or TN) and their family members to stay in the US after the end of their employment for 60 days or the end of their authorized stay period, whichever comes first.
During this grace period, you can keep your nonimmigrant status if a new employer files a petition to extend your stay on time. Or, if you are eligible, you can stay if you file a new application to change or adjust your status within the grace period.
Get a New Job
If you are currently in H1-B status, you can move on to a new job as soon as your new employer files a new petition with the US Citizenship and Immigration Services (USCIS). You do not have to wait for the approval of the petition. Suppose you have been with the same employer for 180 days or more with an existing immigrant visa petition.
You can transfer it to a new job offer with the same employer or different job classification. It is called “porting.” But hiring freezes, an influx of high-skilled workers, visa restrictions, and cultural and language barriers can all make it harder to land a new job.
File for Change or Adjustment of Status
If you are a worker, you can apply to change your non-immigrant status within the grace period of 60 days. It could include changing your status to become a spouse’s dependent (like H-4 or L-2). If you are a dependent nonimmigrant, you might be able to get employment authorization regarding your status.
For example, if you are a spouse of a non-immigrant with E-1, E-2, E-3, or L-1 status, you could apply for employment authorization as a dependent non-immigrant. Other options to stay in the US could be a student status (like an F-1 visa) or a visitor status (like B-1 or B2 visa).
Remember that, by law, you cannot do “skilled or unskilled labor” in the US with a B-1 or B2 visa. It is vital to remember that if you file a proper application to change status early, pending a decision on your request, you will not be liable for unlawful presence in the US.
So, filing a good change of status request before the grace period ends will help you avoid facing the consequences of your unlawful presence in the US even after the grace period ends. You can file to adjust your status if you are married to a US citizen.
The US authorities may ask you to leave the US after the grace period is over if you cannot file your change of status request in time or get a new employer to file it for you. To avoid this, it is always best to talk to an immigration attorney in Queens Village to help you figure out what to do next.
Willingly Leave the US
If you cannot find a new job or change your status during your grace period, you can willingly leave the US before the authorities ask you to leave. If you pick this option, your previous employer can pay for your return, provided you did not quit.
Employers must pay for their travel costs after firing employees on H-1B status. You can go anywhere outside the US during your grace period but only return if you get another visa.
An immigration attorney in Queens Village can help you clarify the option that best meets your situation.
Get Help
If you are on a work visa and lose your job, Gehi and Associates can help you. Our immigration attorneys know the ins and outs of the immigration process. We will assist you in understanding your future options. These options include finding a new job, pursuing higher education, or changing your current situation.
To avoid danger after the grace period, it’s important to know what to do if you lose your job. Call us now for the legal assistance you need!
