Losing a job can be a stressful situation for anyone, but it could be even more stressful if you’re living in the United States on an employment visa. Many immigrants wonder what happens to their employment visas if they’re fired or laid off. Our law firm is here to help. To learn more, read on or reach out to an Experienced Employment Immigration Lawyer in NYC today!
WHAT HAPPENS IF I LOSE MY JOB WHILE LIVING IN THE US ON AN EMPLOYMENT VISA?
If you’re living in the United States on an H-1B visa, then you will be considered “out of status” if your American employer fires you or has to let you go. This type of visa requires holders to be presently employed, so you’ll be required to file a withdrawal of the original work petition with the United States Citizenship and Immigration Services (USCIS). Once the USCIS learns that you are now out of status, you have a 60-day grace period to either leave the country or find another way to lawfully stay in the United States. The 60 days start from the last day that you performed work for your visa-sponsored job. However, you might also need to leave the country if your I-94 form expires.
HOW CAN I STAY IN THE US AFTER LOSING MY JOB?
If for some reason you are unable to find another job within the 60-day grace period and subsequently lose your employment visa, there are still other options for you to stay in the United States if you so choose. The first option is to find another job that can sponsor you and file for a new employment visa. You’ll need to file a Labor Condition Application (LCA) with the US Department of Labor for this. Depending on your circumstances, you may be able to apply for a different type of visa so that you can legally remain in the country. The first visa option is the B-2 tourist visa, which allows you to live in the United States for six months as a tourist. If denied your application, you’ll have 30 days to leave the country. You can also apply for a student visa if you’re accepted into an academic or exchange program. If your spouse is a visa holder, you can file as their dependent to stay in the US. You can also file for a family-based green card if you’re related to an American citizen or permanent resident.
If you’ve recently lost your employment visa, you should contact a trusted immigration lawyer right away to help you determine your options. Thankfully, the Law Offices of Cheryl R. David is on your side! Contact our talented today for an initial consultation.