Immigration attorneys say H-1B visa holders should always have a plan in case they are laid off, as no one is irreplaceable, and even Steve Jobs was fired from his company.
With American companies announcing layoffs and H-1B workers struggling to find new jobs within 60 days, immigration lawyers said they have a hard time understanding that H-1B workers have no backup plans regarding their jobs while this could happen at any time, despite the market status and the H-1B is just a temporary visa, it is not a green card and it is not a US citizenship.
Rahul Reddy, an immigration lawyer of Indian origin, said people often think that they are irreplaceable in their jobs because they do a very good job, but even Steve Jobs was fired from the company he founded, so there is no place for complacency.Reddy said there should be three plans:Plan A: This should be related to the job you have. Work hard, attend events, network with people and discover your market value. Do not take extended leave from work as there have been several cases where people on H-1B visas discovered while on leave that they had been laid off from their jobs.Plan B: This is a plan for the situation if you are laid off from work. Plan ahead whether you will switch to an F visa for students or an H4 visa for spouses of H-1B visa holders. Switching to the B1 visa, which is intended for tourists, is not an option anymore because USCIS often does not allow such a change of status, Reddy said, adding that if a person has the option of switching to an H4 visa, it is best.Plan C: This is in case the H-1B visa holder has to leave the United States.
Reddy says H-1B visa holders should still be prepared for such a situation because they are not permanent residents.
Don’t let your I-94 expire
Immigration attorney Emily Newman added to the list of what H-1Bs should do and advised against letting the I-94 expire. Because if it expires 60 days before you are fired, you will have less time in the United States and Form I-94 limits how long you can stay in the United States.Newman added that H-1B visa holders, who are at risk of being laid off from their jobs, should maintain their emergency savings and should avoid traveling outside the United States.
