Nonimmigrant workers who have lost jobs may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations, according to US Citizenship and Immigration Services (USCIS).
Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B,
H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status following the cessation of employment for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter (See 8 CFR 214.1(l)(2)).
During this period, workers may be able to maintain their nonimmigrant status if a new employer timely files a petition on their behalf with an extension of stay request (e.g., an H-1B change of employer petition for a worker in H-1B status).
Portability rules permit workers currently in H-1B status to begin working for a new employer as soon as the employer properly files a new H-1B petition with USCIS, without waiting for the petition to be approved. More information about H-1B portability can be found on our H-1B Specialty Occupations page.
Workers may use the up to 60-day discretionary grace period to apply to change their nonimmigrant status, which may include changing status to become the dependent of a spouse (e.g., H-4, L-2).
Workers may use the up to 60-day discretionary grace period to seek a new employer-sponsored nonimmigrant status in the same or different status.
Some workers may be eligible to file a self-petitioned immigrant visa petition concurrently with an adjustment of status application.
Workers who are the beneficiary of an approved employment-based immigrant visa petition (Form I-140) may be eligible for a compelling circumstances EAD for up to one year if they:
- do not have an immigrant visa available to them in the Department of State’s Visa Bulletin, and
- face compelling circumstances.
For precise news on various options , refer the USCIS page -https://www.uscis.gov/newsroom/alerts/options-for-nonimmigrant-workers-following-termination-of-employment
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