Due to the current economic downturn and widespread layoffs, particularly in the IT sector, many H-1B workers and their families are finding themselves in a difficult situation. When an H-1B employee is laid off, they typically have only 60 days grace period to change an employer or switch to another status; otherwise, they and their family will have to leave the U.S. This can be a stressful and uncertain time, especially for those who have established their lives in the U.S. over many years.
However, it’s important to know that there are several options available to remain in the U.S. legally — but action must be taken within the 60-day grace period. Eligible nonimmigrant workers can consider the following to maintain their authorized stay:
Be the beneficiary of a nonfrivolous petition for a change of employer
File for a change of nonimmigrant status to another eligible status
Apply for an employment (e.g., EB-1A, EB-2 NIW category) or family-based adjustment of status
File for EB-5 investor program petition concurrently with adjustment of status
Request a “compelling circumstances” employment authorization document (this option permits authorized stay and not a status.)
If any of these actions are taken within the 60-day grace period, the worker and their family may be able to extend their authorized stay beyond those 60 days, even after losing their previous nonimmigrant status. However, failure to act in time could mean the family would need to leave the U.S. on or before the grace period or authorized stay ends. If a timely, nonfrivolous petition or application is filed, it can extend the authorized stay while pending with USCIS, giving the family time to resolve their immigration status without having to leave the country. If you're navigating the complexities of the changing/ or adjusting status process during grace period and need expert guidance, Akula & Associates P.C. is here to assist you. Our experienced immigration attorneys understand the intricacies of U.S. immigration law and are committed to helping you achieve your American dream. Contact us today to find out how we can support you through every step of the process. Let us be your partner in this journey. Contact us at https://www.akulalaw.com/contact.