Kevin Keane

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Home All FAQs Working Visas H-1B and L-1 I worked for my employer for two years on an H-1B. Now I was laid off. What do I need to do?

I worked for my employer for two years on an H-1B. Now I was laid off. What do I need to do?

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Shortly before it disappeared, INS implemented a zero-tolerance policy. This means that they no longer forgave short periods of being out of status, as they used to in the past. Thankfully, this policy has again been somewhat relaxed.

Still, this means that you must ensure that you immediately file either a transfer to another employer, or if you do not yet have a new job lined up, you file a change of status to some other suitable status, such as B-2 or F-1. Note that, while a change to B-2 is permissible, you need to have a good reason. "I am looking for a new job" is a very bad reason in USCIS eyes. "Wrap up my affairs in the United States" would be better.

Do not forget to change your family's status as well!

 

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