An unexpected layoff can cause panic in anyone’s life, but when an H-1B worker loses their job, it can be especially daunting. This is because they must leave the country unless they find a new job or change their immigration status within 60 days.
H-1B visa holders may stay in the United States for up to 60 days after their last day of employment in H-1B status. During the 60-day grace period, the H-1B employee may look for a new job and find a new employer sponsor. Within the 60-day grace period, the new employer must file an H-1B change of employer petition. After receiving the H-1B transfer petition from US Citizenship and Immigration Services, the H-1B employee is eligible to begin working for the new employer (USCIS).
What Happens If I Can’t Find a New Job in 60 Days?
Individuals in H-1B status who are unable to find a new job and an employer sponsor within the 60-day grace period must leave the United States before the grace period expires. If this is not possible and the H-1B worker requires additional time to settle in the United States, they may change their status.
How Do I Change My H1-B Status?
If finding a job in the 60 days is not possible and the H-1B worker requires additional time to settle in the United States, they may file a Form I-539 application to change status from H-1B to B-2 visitor status for up to 6 months.
There are also other nonimmigrant statuses that an H1-B visa holder may qualify to apply for. These include an H-4 status as the spouse of an H-1B visa holder or an O-1 status as an individual with extraordinary ability.
When Should I File to Change My Status?
Any application for a change of status must be submitted before the end of the 60-day grace period. We advise against international travel following a layoff and during the grace period because it may jeopardize eligibility to transfer H-1B status to another employer. We also advise keeping pay stubs and requesting an employment verification letter as proof of the last day of H-1B employment.
Is It Possible to Immigrate to Canada as an H-1b Holder?
Yes! H1-B workers in the United States have a fantastic opportunity to immigrate to Canada via Express Entry, which is heavily weighted toward favoring young, educated, and ambitious workers with proven potential to succeed in their field.
Do You Need Help Changing Your H1-B Status?
If so, Contact VisaPlace today. VisaPlace connects you with licensed, independent immigration lawyers. Your first consultation is free, and the lawyer gives you a clear quote before any work begins.
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VisaPlace Immigration News Contributor
Michael Niren, Founder of VisaPlace
Michael Niren is the founder of VisaPlace Immigration and has spent more than 30 years helping people through the immigration process. Today, VisaPlace focuses on helping Canadians move to the United States, whether for a new job, a business, family or retirement. Michael’s commentary on immigration has been featured on CNN, CBC and The Globe and Mail. VisaPlace Immigration works with licensed and experienced immigration lawyers, who are independent and operate separately from VisaPlace Immigration, and every client’s case is reviewed by one of them. Michael does not provide legal advice.
