If you are an immigrant in the United States with an H-1B visa and have recently been laid off from your job, it can be a stressful and uncertain time. However, it is important to know your rights and understand the steps you can take to protect yourself during this difficult period. In this blog post, we will explore what an H-1B visa is, the rights that come with it, and what you should do if you find yourself in this situation.
Firstly, let’s discuss what an H-1B visa is. An H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations typically require specialized knowledge and a bachelor’s degree or higher. If you hold an H-1B visa and are laid off from your job, it is crucial to understand your rights.
As someone with an H-1B visa, you have certain rights that protect you in the event of being laid off. Your employer must notify USCIS (United States Citizenship and Immigration Services) of your termination within 30 days of your last day of employment. This notification triggers a 60-day grace period during which you can remain in the United States legally to find new employment or make arrangements to leave the country.
The first thing you should do if you are laid off while on an H-1B visa is to seek legal advice from an immigration attorney. An experienced attorney can help guide you through the process and ensure that your rights are protected. They can also assist with finding new employment opportunities or exploring other options for staying in the United States.
If your H-1B visa has not been revoked by USCIS at the time of your termination, you may still be eligible to transfer it to a new employer without having to go through the lottery system again. This can provide some relief during a challenging time and allow you to continue working legally in the United States.
On the other hand, if your H-1B visa has already been revoked by USCIS before or after your termination, things become more complicated. In this case, it is crucial to consult with an immigration attorney as soon as possible to explore other options for remaining in the United States legally.
In conclusion, being laid off while on an H-1B visa can be a daunting experience, but it is important to remember that there are steps you can take to protect yourself and navigate this challenging situation. Seeking legal advice from an experienced immigration attorney like Kim Jones Law can provide invaluable support during this time. Remember that knowing your rights and understanding your options is key when facing uncertainty as an immigrant in the United States with an H-1B visa.