US IMMIGRATION LAWYER: GET TO KNOW YOUR NEXT MOVE AFTER LOSING YOUR JOB WHILE ON A WORK VISA

Introduction to US immigration lawyer

Figuring out the tricky world of immigration laws can be really tough. This is especially when your legal status in the country depends on your job. An employment-based green card lets foreign workers live and work in the United States. You can get a work visa with the help of a US immigration lawyer. 

Some folks get work visas by applying for jobs in the US. When a local employer hires them, the company might help them get the visa. Other times, workers might already be with a company and apply to move to a location in the US or offer to help set up operations there as the company expands. 

No matter if someone has been with the company for a long time or just got hired, they can still lose their job unexpectedly. This can happen to both visa holders and local workers. 

Getting the go-ahead to work in the US is the start of an exciting new journey. But usually, this permission is only temporary and depends on keeping your job. So if a visa holder loses their job, it can lead to some big changes in their life. These changes are better understood by talking with an immigration lawyer in USA. 

Foreign workers with visas often have more at stake when they get suddenly let go than most people do. They might have to leave the US, and in some cases, that could mean moving their whole family. 

In this post, we will break down how losing a job affects a work visa immigration status, including the grace period, if you can switch to a new employer while on your visa, and when you might have to leave the US. 

The initial points to note

Layoff does not need to be the end of your immigration opportunity. The US Citizenship and Immigration Services (USCIS) usually issues work visas to foreign workers with exceptional ability or exceptional experience. Such workers can be beneficial to the US economy wherever they work. A US immigration attorney play a key role in the process. 

So, the USCIS offers a grace period to those who lose their job within the duration of their work visa in the US. In general, if you are on a qualifying visa, you may have about 60 days from the time your employment is terminated to find new employment. Find out from a US immigration attorney if you can benefit from this grace period. 

Some of the qualifying visas are E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN. If you are able to find employment, you can file some forms with the USCIS to port your visa and remain in the country. 

If you are in a specialty career and cannot possibly find another job, you may perhaps pursue other options for gaining a visa or legal status in the United States. So, information about work visas can actually help people employed in the US temporarily. Work visas could be influenced by being laid off, but this does not automatically mean you will need to leave the country right away. 

Get to know the consequences of job loss

Job loss is tough on anyone, but since you are a work visa holder, it would create a large number of serious issues with your immigration status. 

In general, if you lose your job before the approval of your application for the green card, your chance may be lost. But what occurs afterward very much relies on your status at the time of applying. 

• Labor certification: If you lose your job at this stage, it can be extremely challenging. The Department of Labor (DOL) must certify that there are no qualified US workers available for the job you are being hired to do. If you were to become unemployed at this stage, the DOL certification is invalid because it is job- and employer-specific. That is, when you lose the other job, you will be starting the entire certification process all over again. 

• I-140 petition: This is where things get a bit more complicated if you are laid off. Your I-140 petition, however, if approved and has been valid for over 180 days, would not be automatically revoked if you were laid off. This provides some space to move to the final step of the green card process. But you will still be required to seek a new job in the same or equivalent field in order to continue with your application. 

• Adjustment of status: When you lose employment when your I-485 form (adjustment of status) is pending for 180 days or more, you are able to change employment and still qualify for a green card. All you have to do is to see to it that your new employment is the same or closely related employment to that which you have been engaged previously. In this regard, you will need an immigration lawyer in USA to guide you. 

There are obstacles at every step, but if you have proper guidance and resources, you can overcome these roadblocks and strive to be a permanent resident of the United States.  

What is the 180-day rule about?

The 180-day rule must be understood. If your I-485 has been pending for more than 180 days and your I-140 has been approved, you can switch jobs without harming your green card application. Only make sure the new employment should be in the same field as stated in the I-140 petition. 

The next move after a loss of job

It is bad enough losing your job, let alone if your visa depends on your work. If you are in the United States with an H-1B visa and you are fired, you will be “out of status” because your visa is job-dependent. It is the same for the other H visas (H-2A, H-2B, H-3), L visas, O visas, and TN visas. 

You have a 60-day grace period after being laid off to find a new job or adjust your status. The 60 days start counting from your last paid workday, not the last paycheck, which may come later. 

You also have the option of leaving the country within the 60 days, but that is not what everyone prefers. In case you were on an H-1B visa and lost your job, your employer has to organize a flight back to your home country or last residence. If you are in this situation, you should urgently consult an immigration lawyer in USA. 

• Finding a new employer. 

If you are a temporary worker and you lose your job, you can get a new employer. If you secure a new employment within 60 days or before the date on your I-94 (whichever is sooner), your new employer may file a new Labor Condition Application (LCA) in your name. Once this LCA is approved, your new employer may file Form I-129 (Petition for a Non-immigrant Worker). Once USCIS receives this petition, you can freely port your H1-B visa to your new employer without applying for a fresh one. A US immigration attorney can breakdown the relevant steps. 

Do not forget 60 days go very fast, and you need to get your LCA certified during the period of grace so as to preserve your status. Therefore, whenever you lose employment and want to stay in America, start searching for a new job immediately. You also quickly hire a US immigration lawyer. 

• Consider a different type of visa. 

If you are not able to secure a job in which you can sponsor your visa transfer, or you don’t want to try to find work, you can possibly get a different type of visa to stay in the United States. 

A one basic solution is that you get an H-4 visa if your spouse is carrying a work visa that allows your spouse to work in the United States. Even if your spouse is a student, you may take advantage of this visa too. 

If you cannot get a dependent spouse visa, you may petition for a change of status to a B-2 tourist visa by filing Form I-539, Application to Extend/Change Non-immigrant Status. Whether or not they grant you this is not in your hands, so don’t hope for it. If you do get approval, you have six more months’ worth of time in the country to find another employer who will sponsor you for a work visa. 

Another option would be to apply for a student visa if you want to continue studying. You would also need to fill out Form I-539 and gain admission to a school or program. 

There could be other kinds of visas depending on your situation. It is best that you talk to an experienced US immigration lawyer to ascertain what you can do. 

Get help from an immigration lawyer in USA!

It is just so stressful losing your job while on a work visa and being left in the dark. But even amidst tough times like these, there are plenty of options for you. 

There can be some enlightened employers who will still employ workers with expired work visas. Moreover, depending on your situation, you might find other visa options available, like family visas or on a spouse’s green card. 

If possible, there are means of transitioning back to another type of work visa like an H-1B, or you can try to be a cross-border commuter if you can’t keep your status. 

No matter what you do after you lose your job, it is really worth taking some time to find out about your options so that you can make the best choice for you. 

Don’t let fear of losing your job get the best of you. If you are dealing with the convoluted world of work visas and job loss, remember that you don’t have to do it alone. 

Contact Gehi and Associates today. Our experienced US immigration lawyers are ready to help you with the counsel and legal services you need for this difficult case. We are dedicated to helping you discover your rights and options. 

Don’t make it too late. Begin safeguarding your future in the US by connecting with us today!