For H-1B visa holders, losing a job can be daunting, but knowing the available legal paths can provide reassurance. Here's a breakdown of options that can extend their stay in the US and maintain legal status even after termination.
Change of Nonimmigrant Status: Applying for a change of status within the 60-day grace period can help extend their stay.
Adjustment of Status: This option allows them to seek permanent residency, enhancing job security in the long term.
Compelling Circumstances Employment Authorization: In certain situations, they can apply for work authorization based on compelling circumstances.
Nonfrivolous Petition for Employer Change: Being the beneficiary of a legitimate petition to change employers can also extend their stay legally.
Immediate Work Authorization with New Petitions
Once a new H-1B petition is filed by a new employer, visa holders can start working immediately. They can also transfer their adjustment of status application to a new job offer after 180 days, increasing flexibility.
Preventing Unlawful Presence
By filing a non-frivolous application to change status, visa holders can avoid accruing unlawful presence, preventing complications for future re-entry to the US.
Concurrent Filing for Self-Petitioners
Those eligible for self-petitioned immigrant visa petitions can file concurrently with an adjustment of status application. This grants them an Employment Authorization Document (EAD), allowing continued employment.
Special EAD for Challenging Circumstances
In cases of compelling circumstances, beneficiaries of approved employment-based immigrant visa petitions can obtain a one-year EAD, supporting their employment continuity during the transition to permanent residency.
Considerations for Expedited Processing
In cases of severe financial loss, expedited adjudication may be necessary. While leaving the US is an option, visa holders should weigh their legal alternatives carefully, considering implications for future re-entry and employer obligations.
Understanding these legal avenues is crucial for H-1B visa holders facing job loss, empowering them to make informed decisions and secure their presence and employment in the United States.
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