In a time where sudden job freezes are becoming more common, a recent post on social media highlighted the harsh reality faced by an H1B visa holder who lost their job before they could even begin. The individual had arrived in the U.S. on an H1B visa, ready to start a new role with a large American company.
But before they could officially begin, the company informed them that their position had been put on hold indefinitely due to a hiring freeze. With no I-9 filed and no pay stub, the question became: what happens next?
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The H1B visa, which allows skilled foreign workers to live and work in the U.S., can come with many challenges, especially in cases like this where a job is lost before it even begins. Here’s what to know if you find yourself in a similar situation:
Upon losing an H1B job, U.S. citizenship and Immigration Services (USCIS) grants a 60-day grace period, allowing you to either find a new employer willing to sponsor you or change your immigration status. During this period, you are still considered to be in status, meaning you can legally remain in the U.S., but you cannot work. It’s crucial
to start searching for new job opportunities immediately.
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If you secure a new job within the grace period, the new employer can file an H1B transfer petition. The good news is that you may begin working for the new employer as soon as the transfer petition is submitted, without having to wait for approval.
One challenging aspect is the absence of pay stubs. Pay stubs are typically required to demonstrate that you have maintained your H1B status while applying for a transfer to a new employer. However, in this situation, since the job never officially started, there are no pay stubs to present. This lack of documentation could lead to questions from USCIS regarding your new H1B petition, as they often seek evidence of continued H1B status.
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If finding a new job within the 60-day window isn’t possible, converting to a B-2 tourist visa might be an option. This allows you to stay in the U.S. legally, but it comes with limitations – you can’t work while on a B-2 visa, and it’s primarily for short-term stays.
This situation is tough, and navigating the visa system is complicated. It’s best to start by exploring your options within the grace period – whether that’s securing a new job, transferring your visa, or applying for a change of visa status. Consulting with an immigration attorney is also a good move to ensure you’re following all legal procedures and avoiding pitfalls like being “out of status”.
Losing a job before it starts is a tough situation, especially for those on H1B visa. But knowing the options, like the 60-days grace period and the potential to switch to a B-2 visa, can make the situation a little more manageable.
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