MAINTAIN YOUR H-1B STATUS IN TODAY’S ECONOMY
The slow economy in recent times has compelled many employers, especially those in the Information Technology industry, to lay off H-1B employees. Unfortunately, a lot of H-1B employees wind up in troubled waters once they are notified by their employers regarding the termination of their employment. It is extremely important for an H-1B visa holder to be in status at all times.
Loss of employment and termination of the H-1B status can result in the candidate becoming illegal in the United States. Sometimes, a candidate may be out of status and may accrue unlawful presence. Unlawful presence occurs when an H-1B candidate continues to reside in the United States after the expiration of the I-94 document and has no other application for relief pending with the USCIS. Once a person accrues unlawful presence in the United States, he or she then may be subjected to the three year or ten year bar. For example, if an H-1B candidate has accrued unlawful presence for more than 6 months, he or she is subjected to the three year bar. However, if the candidate continues to accrue unlawful status for more than one year, he or she will be subjected to the 10 year bar.
WHAT ARE THE EMPLOYER’S OBLIGATIONS IF AN H-1B VISA HOLDER IS TERMINATED?
Once an H-1B visa employee is terminated, it is the duty of the employer to settle all wage issues with the employee and provide the employee with a ticket to his or her home country. Additionally, the employer should also inform the United States Citizenship and Immigration Services regarding the termination of the services of the H-1B employee. The H-1B employee is entitled to get the same benefits received by a US worker, in terms of severance package, health insurance continuation at employee's expense, etc. If you find another job, and your employer has already provided you with an air ticket to go back to your home country, you cannot cash that air ticket.
WHAT SHOULD AN H-1B VISA HOLDER DO TO PROTECT HIS OR HER STATUS?
If you are an H-1B visa holder and you anticipate that your status will be terminated, it may be possible to apply for another status. There are different options available. The individual may qualify for another category depending upon his/her situations. For example, an H-1B holder may transfer his/her status to an H4 status and can also acquire his/her student status for further studies. There are various realistic options to maintain your presence legally in United States; we recommend you to contact an Immigration Attorney immediately. An attorney can assist you to transfer your visa or recommends other realistic options. Below are some of the options.
- Pursuit of Education
- Change of Employer
- Change of Visa Status
The Law Offices of N.M. Gehi has succeeded on a number of these cases. For example, we recently succeeded in assisting an H-1B holder in transferring to an H4 status; and thereafter, we also assisted him in obtaining an H-1B visa again after he found another employer.
If you or any of your friends are about to lose your jobs and are currently on H-1B visas, we highly recommend you visit the Law Offices of N.M. Gehi, P.C. for a free initial personal consultation.
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