Navigating Layoffs While on H-1B Visa: Strategies and Options

Being laid off while holding an H-1B visa with a pending PERM application can be a challenging and stressful situation. However, there are several options that can help you navigate this transition. Here, we outline various strategies and options to consider, ensuring that you remain compliant with U.S. immigration regulations.

Grace Period: Extending Your Stay Legally

After being laid off, you are typically granted a 60-day grace period. This period allows you to seek new employment or make arrangements to leave the country. During this time, you must ensure that your H-1B status remains valid and that you do not engage in unauthorized employment.

Find a New Employer

One of the most practical options is to find a new employer who can file an H-1B petition on your behalf. If you have not yet exhausted your H-1B duration, you can start working with the new employer as soon as the new petition is filed. The new employer will need to file a new H-1B application, but this can expedite the process by allowing you to remain in the U.S. without leaving the country.

Adjustment of Status (I-485)

If your PERM application has been pending for over 180 days and you have already received an I-140 approval, you may be eligible to file for an adjustment of status (I-485) even while you are in the U.S. This would enable you to stay in the country while your green card application is processed, allowing you to remain legally until your green card is approved.

Change of Status

Another option is to change your status to another visa category, such as a student visa or a visitor visa, if you meet the specific requirements. This would allow you to remain in the U.S. legally while exploring other paths.

Return to Your Home Country

If none of the above options are feasible, you may need to return to your home country. You can reapply for an H-1B or other visas in the future. However, the decision to return should not be made lightly, as it could impact your career and immigration prospects.

Consult an Immigration Attorney

Given the complexities of immigration law, it may be beneficial to consult with an immigration attorney who can provide personalized advice based on your specific situation. An attorney can help ensure that you are following all necessary procedures and can navigate any legal challenges smoothly.

Additional Strategies

In addition to the above options, here are a few more strategies to consider:

Marry a U.S. Citizen or Green Card Holder

Earning a green card through marriage is still a viable option. If you can marry a U.S. citizen or green card holder, you can apply for a green card through your spouse. This route can be faster and more straightforward than obtaining an H-1B visa.

Return to Your Country and Plan to Reapply

If reemploying in the U.S. is not a practical option, you can return to your home country and plan to reapply for an H-1B or other visas. It's important to explore all legal avenues and maintain a strategy to secure legal status again.

Migrate to Canada

For select professionals, moving to Canada might be an option. While complicated and lengthy, it's worth considering if you can find an equivalent or better position in Canada. Canada has various work visas, including the Federal Skilled Worker Program, which can be applied for from abroad.

Whatever your decision, ensure you are proactive and seek legal advice to avoid any complications. Taking the time to understand the specifics of each option will help you make an informed decision that aligns with your long-term career and immigration goals.

Conclusion

While being laid off is a difficult experience, especially with a pending PERM application and an H-1B visa, there are several strategic options available to you. By exploring these options carefully and considering the advice of legal professionals, you can ensure that you remain compliant and make the best decision for your future.