Surviving Lay-off: The Ultimate Guide for H1B Holders

In the aftermath of the pandemic and ongoing economic downturn, many large U.S. companies have started laying off employees. Under economic pressure, companies are restructuring, often cutting underperforming business lines, leading to collective layoffs of project managers and team members. Foreign employees, who have worked hard to secure positions in these companies, face not only the blow of job loss but also the immense pressure of transitioning their status within 60 days. Given the current trends, every foreign worker in the U.S. must be prepared and well-informed about their options. This article shares concentrated solutions for H1B holders facing layoffs.

Understanding Key About the H1B Visa

The H1B visa requires employer sponsorship to apply to the USCIS for a work visa. If successful, the visa holder can work in the U.S. for up to 6 years. H1B holders must maintain legal status, and once terminated by the employer, the H1B status becomes invalid.

According to USCIS, H1B visa holders have a 60-day grace period after losing their job to find a new job or adopt other strategies to maintain their legal status. During this grace period, visa holders can legally stay in the U.S. but cannot work.

Typically, the 60-day grace period starts from the date of your last payroll. H1B holders can negotiate to delay this start date by discussing options such as unpaid extensions with HR, extending the last payroll date, or postponing the employment end date. Such actions can provide H1B holders with a longer grace period, allowing more time to find a new job or seek other solutions.

Solutions for H1B Holders Post-Layoff

Here are some solutions organized by CISI:

Option 1 (Ideal Situation): Transfer H1B to a New Employer

Finding a new job and transferring the H1B visa to a new employer during the 60-day grace period is the most ideal solution. This process involves cooperating with the new employer to submit an H-1B Transfer, including a new LCA (Labor Condition Application), I-129 (Petition for a Nonimmigrant Worker), G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative), among others. Ensure the timing of the transfer process to avoid issues.

Option 2 (Extreme Situation): Change to B Visa

Submit a status change to a B visa (short-term business and tourist visa) within the U.S. and wait. However, this is not highly recommended due to several reasons:

1. Time Limitation: The B visa allows a maximum stay of six months, which is insufficient for those wanting to work or stay long-term.

2. Work Restriction: B visa holders cannot work in the U.S., even if they find a suitable job during this period.

3. Immigrant Intent: H1B holders may be viewed as having immigrant intent, which is acceptable for H1B but not for B visas. Visa officers may scrutinize and doubt immigrant intent during the B visa application, making it difficult if rejected.

4. Status Conversion: Converting to a B visa within the U.S. requires a Status Transfer, involving additional fees and processing times of up to six months. Check the current USCIS processing times for Form I-539 here: [USCIS Processing Times](https://egov.uscis.gov/processing-times/).

Overall, the benefits of this option are minimal, and the risks and hassles are significant. Consider carefully.

Option 3 (Standard Solution): Apply for CPT School and Convert to F1 Visa

Apply for a Day-1 CPT school program and switch to an F1 student visa, allowing you to maintain your status and continue working once you find a job. For those unfamiliar with Day 1 CPT, refer to this article, or contact CISI for free consultation.

Advantages:

1. Time-Saving: Most schools issue offers within two weeks. If your F1 visa is still valid, you can travel to Mexico for a short break and enroll in the CPT program without waiting for a lengthy status change.

2. Energy-Saving: Compared to complex legal procedures, applying to a compliant Day 1 CPT school can save you a lot of energy during this stressful period. CISI will assist you throughout the process.

3. Legal Stability: Day 1 CPT is one of the most stable options, with schools offering hybrid courses approved by DHS, USICE, and CFR. It’s suitable for professionals continuing their education and work in related fields.

Disadvantages/Risks:

1. Tuition Costs: Enrolling in a Day 1 CPT program incurs tuition fees, ranging from $3,000 to $5,000 per semester. Contact our expert C (WeChat: educisi) for help selecting the most suitable program.

2. Academic Pressure: Though only two courses per semester, they must be taken seriously. USCIS may issue RFEs during your green card application, but as long as you meet international student requirements, attend classes, and complete assignments, there shouldn’t be any issues.

3. School Selection Risks: Avoid for-profit diploma mills and sting operations with minimal facilities and fake credentials. Contact our expert C (WeChat: educisi) to avoid these risks.

Option 4 (Most Dependent on Luck): Marriage-Based Green Card

If your partner is a green card holder or U.S. citizen and your relationship is strong, consider marriage for immigration purposes. However, this option may not be suitable for everyone and is highly dependent on personal circumstances.

Key Considerations for H1B Status Transition

1. Extend the 60-Day Grace Period: Negotiate with your company to maximize the grace period, gaining more time for your next steps. Be clear about your deadline to plan effectively.

2. Consider Processing Times for Status Changes: Each option requires specific processing times, which should be factored into your gap period to avoid illegal stay.

3. Avoid Fraudulent Visas: Avoid fraudulent visa schemes, such as switching to a B visa with the intent to job hunt. These actions can result in losing your visa status and facing legal consequences. Consult thoroughly to ensure legal compliance.

Conclusion

For H1B visa holders, maintaining legal status after job loss is crucial to avoid a permanent black mark on your record. The above solutions offer various possibilities, but thorough consideration and understanding are essential before taking action. If you need to discuss these options further, feel free to contact us for assistance.

We hope everyone can find their way to success!