How to extend H1B visa after layoff in 2023

H1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. However, if an H1B visa holder loses their job due to layoff, their visa status may be in jeopardy. In this article, we will explore the steps that H1B visa holders can take to extend their visa status after a layoff.

Here are a few important steps that you can follow:

1. File for an extension of H1B status:
   • The first step in extending your H1B visa after a layoff is to file for an extension of your H1B status. The H1B extension process must be done while you are still employed, or within 60 days after the end of your employment. If you file before the 60-day period, you may be able to continue working while your application is pending.
2. Find a new employer:
   • After filing for an extension, you will need to find a new employer who is willing to sponsor you for an H1B visa. This is because the H1B visa is employer-specific and is only valid for the employer who sponsored you.
3. File for an H1B transfer:
   • Once you have found a new employer, they will need to file a new H1B petition on your behalf. This is known as an H1B transfer, and it is a separate process from the extension. Your new employer will need to provide evidence that they have a valid need for your specialty occupation and that you are qualified for the position.
4. Consider a change of status:
   • If you are unable to find a new employer within the 60-day period, you may consider changing your status to another non-immigrant visa category such as a B-2 tourist visa. However, this option is not guaranteed and you may have to leave the country and apply for a new visa at a U.S. consulate.
5. Reach out to an immigration attorney:
   • The H1B extension and transfer process can be complex and time-consuming. It may be helpful to consult with an immigration attorney to help guide you through the process and ensure that your application is completed correctly.

It is important to note that the above information is not legal advice and rules and regulations regarding H1B visa can change over time, so it is always recommended to consult with an immigration lawyer for the most up-to-date information.

In conclusion, if you are an H1B visa holder who has been laid off, it is important to take immediate action to extend your visa status. This may involve filing for an extension, finding a new employer, and filing for an H1B transfer. Consulting with an immigration attorney can help to ensure that your application is completed correctly and in a timely manner.

Some important things to know about H1B visa grace period

H1B grace period 180 days

The H1B “grace period” refers to the time that an H1B visa holder has after their employment ends before they have to leave the country. According to the U.S. Citizenship and Immigration Services (USCIS), H1B visa holders are allowed a grace period of 60 days after their employment ends, during which they can either look for new employment or leave the country. This grace period was introduced in January 2021 by the previous administration and it’s still in effect. It provides an additional 180 days of work authorization beyond the 60-day grace period, for a total of 240 days. This allows H1B visa holders to maintain their status and look for new employment during this time without the risk of accruing unauthorized stay in the US. It’s important to note that the grace period is not automatic and the individual has to apply for it to be able to benefit from it.

H1B laid off grace period

The H1B “laid off grace period” refers to the time period during which an H1B visa holder who has been laid off from their job is allowed to remain in the United States without employment. According to the U.S. Citizenship and Immigration Services (USCIS), H1B visa holders are allowed a grace period of 60 days after their employment ends, during which they can either look for new employment or leave the country. This grace period was introduced in January 2021 by the previous administration and it’s still in effect. Additionally, in 2021, the USCIS also introduced an additional 180 days of work authorization beyond the 60-day grace period, for a total of 240 days. This allows H1B visa holders who have been laid off to maintain their status and look for new employment during this time without the risk of accruing unauthorized stay in the US. It’s important to note that the grace period is not automatic and the individual has to apply for it to be able to benefit from it.

H1B out-of-status consequences

H1B visa holders are considered to be “out of status” if they violate the terms and conditions of their visa or stay in the United States longer than the authorized period of stay. The consequences of being out of status can be severe and can include:

1. Deportation:
   • If an H1B visa holder is found to be out of status, they may be subject to deportation. This means that they will be required to leave the United States and may be barred from returning for a certain period of time.
2. Ineligibility for future immigration benefits:
   • If an H1B visa holder is found to be out of status, they may be ineligible for future immigration benefits, such as renewing their H1B visa or applying for a green card.
3. Denial of reentry:
   • An H1B visa holder who has been out of status may be denied reentry to the United States if they leave the country.
4. Loss of work authorization:
   • An H1B visa holder who is out of status will lose their work authorization and will not be able to legally work in the United States.
5. Barred from entering the USA for 3 or 10 years:
   • Depending on the period of time that you have been out of status, you could be barred from re-entering the USA for 3 or 10 years.

It’s important to note that the rules and regulations regarding H1B visa can change over time and it’s always recommended to consult with an immigration lawyer for the most up-to-date information. If you suspect that you may be out of status, it is important to take immediate action to correct your status or leave the country to avoid any of the above consequences.

How long can I stay on H1B without a job

As per the current regulations, an H1B visa holder is allowed a grace period of 60 days after their employment ends, during which they can either look for new employment or leave the country. Additionally, in 2021, the USCIS also introduced an additional 180 days of work authorization beyond the 60-day grace period, for a total of 240 days. This allows H1B visa holders to maintain their status and look for new employment during this time without the risk of accruing unauthorized stay in the US. However, it’s important to note that the grace period is not automatic and the individual has to apply for it to be able to benefit from it. After the 240 days’ grace period, if they don’t find a new job, they will be considered out of status and they may face consequences such as deportation or being barred from entering the USA. It’s always recommended to consult with an immigration lawyer for the most up-to-date information.