Navigating an H-1B Job Loss: An Emergency Plan for Stability

Losing a job can be an unexpected and challenging experience, but for H-1B workers, it can be even more daunting. Your priority should be finding stability for yourself and your family. While everyone's situation is unique, there are some common steps you can take to create a plan:

1. Utilize the 60-day grace period You have 60 days to secure a new job and file a new petition. Use this time wisely and explore all possible opportunities.

2. Assess your family situation If your spouse is also an H-1B worker, you can file for a change of status to H-4. If they have reached specific milestones in the green card process, you can file for a work permit to be ready for a new job offer.

3. Leverage your pending green card process If you have a pending I-485, you can file an I-485J supplement with the terms of your new job when you secure one. Ensure that the new job is similar to the green card offered job on your labor certification and I-140 petition. If you already have a C09 EAD, you can go ahead and secure a new job without worrying about the 60-day grace period, as you’ll be working as a pending immigrant and no longer pursuant to H-1B status.

4. File for a change of status to a visitor If you are the sole earner and don't have an I-485 pending, file a change of status to a visitor to buy more time for your job search. When you receive a job offer, request a change of status back to H-1B. Remember to file a change of status for your entire family, and keep in mind that in visitor status you very likely won’t be able to extend your driver’s license.

5. Consider further education Explore the possibility of changing your status from H-1B to F-1 by enrolling in a reputable university. Be cautious of fraudulent institutions that prey on foreign graduate students.

6. Start your own company Create a company, hire yourself, and have the company file an H-1B petition on your behalf. For more information on this option, watch Loren Locke's special video on the topic.

Don’t panic during this challenging time. Stay focused, and explore all options available to you to preserve your life in the United States.

FAQ

Q: How long do I have to find a new job after being laid off from an H-1B job?

A: You have a 60-day grace period to secure a new job offer and file a new H-1B petition. If you don’t get a job that quickly, you can still resume H-1B status after a lapse if your petition is approved and USCIS approves your change of status or you make a new entry with a valid H-1B.

Q: Can I change my status to H-4 if my spouse is also an H-1B worker?

A: Yes, you can file for a change of status to H-4. Whether you can get a work permit or not depends on if your spouse has hit certain milestones in their own green card process.

Q: If I have a pending I-485, what should I do when I secure a new job?

A: You and your new employer should jointly file an I-485J supplement with the terms of your new job, to show that your new job is “same or similar” to the green card offered job from your labor certification and I-140 petition. Note that your I-485 needs to be filed at least 180 days prior for you to be eligible to substitute in a new green card job and employer.

Q: Can I use my EAD to find a new job without worrying about the 60-day grace period?

A: Yes, with an EAD in the C09 category for a pending immigrant, you can secure a new job without worrying about the 60-day grace period for H-1B workers.

Q: Can I change my status to a visitor to buy more time for my job search?

A: Yes, you and your family can file a change of status application to become visitors. However, you'll need to request a change of status back to H-1B when you receive a job offer, or you’ll need to depart the U.S. and return with a valid H-1B visa to get back into H-1B status.

Q: Can I change my status from H-1B to F-1 by enrolling in a university?

A: Yes, you can change your status from H-1B to F-1 by enrolling in a reputable university and filing a change of status applications. Be cautious of fraudulent institutions that prey on foreign graduate students.

Q: What are the options for starting my own company and hiring myself?

A: Create a company, hire yourself, and have the company file for an H-1B petition on your behalf. For more information on this option, watch Loren Locke's special video on the topic.

Losing a job is a stressful experience, especially for H-1B workers. However, by exploring these options and staying focused, you can overcome this challenging period and regain stability in your life. Remember, you are not alone, and there are resources available to help you through this process. Stay strong and keep moving forward!