The United States Citizenship and Immigration Services (USCIS) has released new guidelines for H-1B visa holders. Recently, layoffs by major companies such as Google, Tesla, and Walmart have affected the lives of immigrants working on H-1B visas.
USCIS guidelines outline several avenues for these people, allowing them to extend their stay. So, let’s find out what are the options other than the 60 day grace period for a person after quitting a job on H-1B visa.
1. Applying for Change of Nonimmigrant Status : This option allows you to legally extend your stay in the US if your current visa is expiring. The grace period is usually 60 days after your visa expires and allows you to apply for a new nonimmigrant visa category.
2. Filing of Application for Adjustment of Status: This is a more permanent option for those seeking to obtain a green card (lawful permanent resident status) while living in the US. There are different eligibility requirements, and the process usually takes longer than changing nonimmigrant status.
3. Submitting an application for “exigent circumstances” under which employees may qualify for a one-year Employment Authorization Document (EAD): An EAD allows you to work legally in the US. This is an “exigent circumstances” option, but may be an option for some workers facing unusual circumstances that prevent them from following the normal process for renewing their work authorization.
4. To submit an application for change of employer: This is an option for some employees with employer-sponsored visas (such as H-1B) who are changing jobs. If your new employer files a new petition on your behalf, you can legally continue to work while your change of status is being processed.
Additionally, visa status is a complicated topic for many people who wish to live and work in America. USCIS makes things a little easier for H-1B visa holders who need to change jobs. This is called portability.
People who are eligible to apply for an immigrant visa by filing their own petition can submit their application at the same time they apply to adjust their status. This will give some benefit to these H-1B visa holders.
1. Applying together: You can submit your application for an immigrant visa at the same time you apply to adjust your status. This means you don’t have to wait to make a separate application.
2. Staying and working in the US: While your applications are being processed, you can continue to live and work in the US. This is because you may be eligible to receive an Employment Authorization Document (EAD). This document allows you to work legally.
3. One year EAD: In some cases, if your job-based immigrant visa application has been approved, but you are experiencing difficulties, you may also be eligible for an EAD for one year. This extra support can help overcome difficult situations you may be facing.
