Justin G. Randolph has been practicing immigration law since 2001.
NOTE: No attorney/client relationship is formed through the submission or viewing of this article. This article is not intended as a substitute for legal advice from a licensed attorney. The facts of every case are different and individualized advice should be sought from an attorney before proceeding with any case. H1B Visa Assistance
It's pretty clear that the economy is bad with only a few holdouts are denying it at this point. So what to do when you are on an H1B visa and you get laid off? Well first of all don't panic. You likely have a visa that lasts for years at this point so you are NOT accruing unlawful presence even though you ARE out of status. What in the world does that mean? Well, simply put too much unlawful presence means that you will not be allowed back into the US for many years. Specifically, 180 days to 365 days of unlawful presence means that you will be barred from the US for three years should you leave and attempt to return. Anything over a year results in a 10 year bar to reentry should you leave the United States.
But I'm out of status so I'm accruing unlawful presence right?
No, not at all. The date on your I-94 rules your world. So if you still have time on your I-94 then you are not accruing unlawful presence until that date has passed.
GREAT! I'll just stay!
Well the bad news is that you ARE deportable since you are out of status so that's a really bad idea! Additionally, you can't change your status to any other status once you are laid off since you are no longer in valid non-immigrant status. That means you'll have to leave if you try to change your status.
So what do I do??
I can't answer that question for you. However, I can say that you aren't supposed to be here (and I would never advocate that you violate any immigration laws) BUT if you quickly find a new and appropriate H1B visa sponsor you MAY get lucky and the USCIS MAY allow you to change employers without leaving. It's certainly happened before and, arguably, you getting laid off isn't your fault and you and your new employer shouldn't be punished for you getting laid off. In other words, you shouldn't have to spend the money to leave the US, get your new H1B issued, and then reenter costing you and your employer time and money. The likely worst case scenario in this instance is the USCIS issuing you an H1B but making you leave to get your new visa stamped. But you'll have to find an appropriate job and beg for mercy from one of the most merciless agencies in the United States!
Good luck!
- Related Articles
- Related Q&A
Are you considering an Immigration Software
By: Mobs | 03/12/2009Emaximm is one of the powerful resources available in the software marketplace today that aid corporations and immigration attorneys in effectively and intuitively managing their clientele, staff and overall business needs. Its rich features help attorneys easily handle the full scale of their business with simple, automated mechanism. It can also be used as a Customer Relationship Management Tool, A Case and Status Organizer as well as a Staff Accountability and Productivity Tool. Emaximm provi
On the Benefits of Russian Temporary and Permanent Residency
By: Svetlana Sveshnikova | 02/12/2009According to article 2 of the Federal Law No. 115-FZ, dated 25 July, 2002, “On the Legal Status of Foreign Citizens in the Russian Federation” (further Law on foreigners) - temporary residence permit (further TRP) grants right to the foreign citizen to reside temporarily in the Russian Federation until receipt of permanent residency and is drawn up in the form of an entry in the identity document of the foreign citizen.
Brief Review of Migration Rules in Russia
By: Svetlana Sveshnikova | 02/12/2009The validity and type of the Russian visa should be strictly adhered to. Being in Russia, a foreigner cannot neither change the type of visa (i.e. from tourist to work or from work to business and vice versa) nor make it valid for longer period (except for the case when it’s a work visa which can be extended without leaving Russia). To do that, you have to leave the country and re-apply for a different visa.
New Jersey Law Firms
By: Bornsteinlawfirm | 02/12/2009A law firm is a business entity formed by lawyers/ attorneys to provide their services to various clients under the same roof. The liabilities of the firm are bearable by all the partners of the firm as they share same set of responsibilities.
Take Help of an Immigration Lawyer For Immigration to Canada
By: Jacob William | 01/12/2009By immigrating to Canada, one can enjoy multiple benefits similar to that of the citizens. With the help of an immigration lawyer, the process of immigration to Canada becomes easy. This article talks about the things that one should look for in an immigration lawyer. Read on to know more about it.............
NYC towing- offering best services to customers
By: Freddy Poveda | 27/11/2009NYC towing will extend a helping hand whenever you face any problem while driving, making sure that you remain safe and sound. For more information on towing New York you can check our website.
Immigration Lawyear Long Island Is Just Another Relief To The Clients
By: Freddy Poveda | 27/11/2009Immigration Law year NYC is the solution all the complex problem that is spearheading all the time during the application process. Similarly immigration law year Long Island also offers the similar standard of service.
Benefits of having a Polish (EU) passport
By: Eva Hussain | 27/11/2009Most people don't realise that having just one parent or grandparent of Polish decent might make them eligible for a EU passport. Before you can apply for your EU passport, you need to provide evidence of your Polish citizenship by documenting your Polish ancestry. If you are able to prove your heritage, then generally you are already a citizen of Poland but you must confirm it with the Polish authorities.
Pregnancy Discrimination: Know Your Rights!
By: Justin G. Randolph, Esq. | 07/02/2009 | LawPregnancy discrimination rights and remedies.
Cancellation of Removal for Permanent Residents
By: Justin G. Randolph, Esq. | 01/02/2009 | ImmigrationPermanent residents are foreign nationals who have been granted permission to stay in the U.S. by the U.S. government for the rest of their lives. However, since they are not citizens and since the U.S. constitution gives Congress the power over immigration there are many ways for a permanent resident to lose their status.
Help! I Was on an H1b and I Got Laid Off!!!
By: Justin G. Randolph, Esq. | 25/01/2009 | ImmigrationA brief conversation about what to do when you are laid off and on an H1B visa
Thinking About Naturalizing - Here's a Good Reason to Do it as Soon as Possible
By: Justin G. Randolph, Esq. | 24/01/2009 | ImmigrationFor new permanent residents who have just plodded through the muck of the USCIS (formerly INS) procedures thinking about dealing with the US government again is about the last thing on their minds. However, it's extraordinarily important for them to plan on becoming citizens as soon as possible or they risk losing it all.