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Given the current economical situation and job market conditions, weoften receive questions from clients regarding what to do once theyhave been laid off from their H-1B employer. Obviously, every situationis different and you should consult a qualified immigrationprofessional if you are facing this situation yourself, but here aresome pointers:
* An H-1B beneficiary who is laid off or fired for any reasonceases status from the day he stops employment, even if he receivesseveral weeks or months severance.
* In order to be able to transfer your H-1B to another employer, youmust provide CIS with three months of pay stubs from the most recentthree months to show that you continued to be employed with your firstH-1B employer until recently. This means that there should not be a gapof several weeks or months between H-1B employers if you plan totransfer your H-1B.
* On the bright side, however, because you are already in H-1B status,you will not have a problem with the H-1B cap as long as you have beencounted under the cap in the last six years.
* If you are unable to immediately find other employment, keep in mindthat there may be other options regarding non-immigrant visas,depending on your situation. You may have the option of switching to adependent nonimmigrant visa, if you are married, or perhaps switchingto a visitor visa during your job search.
* Do not do nothing – as we mentioned before, you cease to be in statusfrom the day you stop employment. Therefore, you must act in order toprevent accruing unlawful presence, which may affect your ability toacquire more nonimmigrant visas as well as adjusting your status tobecome a permanent resident later. |
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