Legal Question in Immigration Law in Virginia

Re: Lost job on H1B - what are the options to maintain status

Since your H-1B classification derives from approved employment, your H-1B status actually ended on the date your employment terminated. There is no grace period under the current regulations. (USCIS may, however, in its discretion, excuse an untimely extension/change of status petition when extraordinary circumstances exist).

Should you decide to remain in the United States and find another employer, you should act promptly.

Once a new petition is filed, under certain circumstances, you may be portable and be able to start working for the new employer. It is critical that you seek cousnel with cimpetent immigration counsel in this situation.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

Re: Lost job on H1B - what are the options to maintain status

You have 30 days to leave the country from the date of your job termination or:

1. Find a new employer to sponsor you as an H-1B visa holder before the 30 days is up;

2. Apply for F-1 visa student status and submit application to approved college or university;

3. If married, and you do not want to become a student, consider having your spouse apply for F-1 visa status and then you could apply for an H-1 visa, which would allow you to remain in the country as long as your spouse continues in student status(up to six years).

Once an application has been filed with the USCIS for any of the above options and is pending, you're then protected from falling out of status(until you receive a decision), a condition which could jeopardize your future right to return to or to remain in the country.

4. And, if none of the above described options work for you and you do not wish to return home, you might wish to consider Canada as another possible option which reportedly as easier immigration requirements than the United States.