I am on an H-1B visa and I have been laid off from my job in California. How much time do I have to find a new job and what are my options?

A:

If you have been laid off or otherwise terminated from your employment in California, or elsewhere throughout the United States, and you are in the country under an H-1B visa, there is no grace period and you immediately fall out of status. Unfortunately, once you fall out of status, you could be removed from the U.S. Call a California immigration attorney right away if you are under an H-1B visa and you lose your employment, as you will need to move quickly and follow appropriate procedures if you are seeking to stay in the United States. 

H-1B California immigration lawyers from the Law Offices of Vaughan de Kirby will speak with you about your options, which may include:

• Finding a new employer before your I-94 expires, or your petition is revoked and processed by the United States Citizen and Immigration Service (USCIS).
• Filing for a change in visa status, including changing to a B-1 or B-2 visa, until you find a new job.

If you have lost your job, we understand that this is a stressful time. However, it generally takes a while for the USCIS to receive and process revocation notices. You should use this time to speak with an experienced immigration lawyer in California for specific information on visa transfers, including which visas you may transfer to and the timelines.

Please read our library article Transfer Your H-1B by Calling Our California Immigration Attorneys for additional information on how to transfer your H-1B visa to a new employer.

If you have lost your job, call the Law Offices of Vaughan de Kirby to speak with an H-1B immigration attorney in California. Call our offices today at (415) 221-2345. We have experience and we know the steps to take to help you stay in the United States.