H-1B visa holders who were fired in Oracle’s mass layoff should act quickly within the 60-day grace period, an immigration lawyer said.
H-1B visa holders who were unfortunately expelled in Oracle’s major layoff that affected 30,000 people worldwide must act immediately to remain legal in the United States, immigration attorney Gabriela Urizar said.
Oracle delivered a cold email at 6 a.m. on March 31, informing thousands that they had been laid off from their jobs as their roles were eliminated due to organizational restructuring. They were informed that March 31 was their last day of work. It is not yet known whether there will be another phase of layoffs soon at the company. H-1Bs have a 60-day grace period, allowing them to stay in the United States legally after they lose their jobs, said Urizar, the attorney at Manifets Law. But this is not guaranteed and the Department of Homeland Security can shorten or eliminate it at its discretion. H-1B visa holders should act quickly and keep in mind that the grace period begins on their last day of work.
5 Things Laid-Off H-1B Visa Holders Should Do Immediately
- Check Form I-94 immediately on the CBP website for the exact date of your entry, admission to visa date. This form controls how long you can legally stay in the United States. If your Form I-94 expiration date is coming in less than 60 days, the H-1B grace period will end sooner.
- Transfer your H-1 B to a new employer by asking them to file a new Form I-129. You can start working as soon as you submit it without having to wait for full approval, because you are already in the United States.
- Apply to change your status to another visa category if you do not find a job within 60 days. Change to a student visa or a B visa to buy more time and also to stay legally in the United States.
- If you are in the green card process with an approved Form I-140, you may be able to apply to adjust status.
- Do not depart internationally during your grace period. If you exit the United States, your grace period ends, and you will not be able to reenter.
