H-1b Visa Holders Who Lose Their Jobs in the Abroad Country

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Guidelines for H-1b Visa Holders Who Lose Their Jobs in the Abroad Country

The unexpected layoffs of nonimmigrant laborers/workers in H-1B and other situations/statuses at Twitter and other tech companies have created an environment of unrest among foreign laborers/workers in Abroad Country. In view of this, a lot of questions and concerns about preserving one’s status in the U.S. have emerged as recorded beneath.

Yes, most work-related non-foreigner laborers/workers are allowed a grace period of 60 days upon cessation of their work/employment. Until the beginning of 2017, this provision was not available to non-immigrant workers and hence, they would be viewed as disregarding their status quickly once their business got ended.

The 60-day grace period permits/allows the worker more time to leave the US (United States), and at the present/same time presents an opportunity to transition to another employer who is willing to file an extension or change of status within the 60-day period.

Can foreign nationals who lose their job consider different visa choices/options to remain in the U.S., even if it is for a short time?

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Foreign national workers could change their status to another non-settler/immigrant status such as, F-1 student status or B-2 guest/visitor status under further guidance from a lawyer/attorney.

In the event that the specialist finds another business, why should willing record another H-1B appeal for his sake, will the laborer for this situation be exposed to the H-1B cap?

On the off chance that the unfamiliar public specialist has been counted under the H-1B cap within the most recent 6 years, the new manager can promptly petition for his H-1B exchange and doesn’t have to sit tight for the H-1B cap enrollment period. Managers can support laid off workers who have been included in the H-1B cap for the beyond 6 years as these representatives wouldn’t be dependent upon the yearly H-1B cap once more.

Even foreign workers in H-1B status in Abroad Country, who are beneficiaries of approved I-140s in the green card process could be hired by new employers within the grace period.Such workers can look for US business and render administrations from outside the US and in the end return to the US once their H-1B request is supported and they get a stepped H-1B visa from the US Office. A prior H-1B visa might be utilized related to the recently supported H-1B request to get back to the U.S.

Although, if the employer wishes to file for a change of status application to H-1B for a laid-off L-1 worker within the 60-day grace period in Abroad Country, they can’t do so unless the worker has previously been counted under the prior H-1B cap. In the event that not, the business should stand by to enlist the candidate for the impending H-1B lottery in Walk 2023.

What is the total period for which an H-1B can be extended?


The greatest time that a non-outsider specialist is permitted on an H-1B status is six years. If the worker has spent less than six years in the U.S., then, the new employer can seek to obtain the remainder of unused time in H-1B status for a maximum of six years. However, there are sure occasions when a non-settler specialist can profit for expansions past the six-year limit, to be specific, in the event that he/she holds a supported

I-140 or has a pending I-485 Adjustment of Status which has been filed within one year of the final action date becoming current. Protecting direction and practicing the most extreme wariness prior to continuing with recording H augmentations with the last option provisions is ideal.

What happens if the terminated employee is allowed to remain on the U.S. payroll for a short period of time but is not permitted to be actively involved in work for the employer?

The right/correct term to describe an arrangement like this would be ‘Nursery Leave’. To better understand the concept of Nursery Leave/Garden Leave, let’s consider that a worker is terminated on November 7, 2022, but continues to be paid until the end of December 2022 while being in nonproductive status. In severe consistency with the guidelines, it is ideal to consider that the non-outsider laborer’s end happened on November 7, 2022, as opposed to the furthest limit of December 2022 except if the specialist is on leave – like a clinical leave or has experienced some kind of handicap to work.

If the non-immigrant laborer/worker has held an approved I-140 with his previous employer, can the new employer file for a new labor certification and subsequent I-140 without the laborer/worker losing his need/priority date?


The new administrator/manager as well as recording an exchange of H-1B status may likewise document another work confirmation, and upon endorsement, record another I-140 solicitation for the non-traveler-trained professional. For this present circumstance, the need date of the previous I-140 solicitation can regardless be held.

Would job portability be a choice/option in cases where the non-foreigner/immigrant worker has a pending I-485 Adjustment of Status application?

If the I-485 application has been pending for 180 days or more, the worker can exercise job portability by taking up a job in Abroad Country or being offered the same or similar occupation with another employer. The underlying labor certification and I-140 will still remain valid upon exercising such portability. The candidate,/applicant, in such an instance, will need to submit a new Form I-485, Supplement J. The non-immigrant worker in this case can also exercise job portability to independent work/“self-employment”.

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