What Happens if Your H-1B Employment Ends Before Your Visa Expires?
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Losing your job is a deeply stressful experience under any circumstance. When your legal status in the United States depends entirely on that employment, the situation only becomes more overwhelming. At Kriezelman Burton & Associates, LLC, our dedicated Chicago immigration attorneys understand the intense anxiety you feel when your H-1B employment ends before your visa expires.
If your H-1B employment terminates unexpectedly, know that you still have some legal options to maintain your status. You will likely enter a 60-day grace period to resolve your status, in which you may:
- Utilize H-1B visa portability rules to transfer your employment visa to a new employer.
- Apply to change your non-immigrant status to a different visa category.
- Apply for an adjustment of status if you meet permanent residency requirements.
Understanding Your Options After H-1B Termination: The 60-Day Grace Period
When an employer ends your H-1B employment, you do not immediately accrue unlawful presence. The United States Citizenship and Immigration Services (USCIS) typically grants a discretionary grace period of up to 60 days, or until the end of your authorized validity period, whichever is shorter. During this critical window, you must either find new employment, change your legal status, or prepare to depart the country.
What Are Your Options if You Want to Stay in the U.S.?
Portability to a New H-1B Employer
If you are able to find a new job during your grace period, your new employer can file a new Form I-129 petition on your behalf. Thanks to H-1B portability (ability to change employers), you can begin working for a new employer as soon as they properly file a non-frivolous petition. Approval of the new I-129 by USCIS will grant you authorization for the period determined by the new petition.
Changing Your Immigration Status
If you cannot find a new H-1B sponsor within the grace period, you might qualify for other non-immigrant visa categories. Common alternatives include:
- Transitioning to an F-1 student visa to pursue higher education and gain new skills.
- Switching to an H-4 dependent visa if your spouse holds a valid H-1B status in the United States.
- Changing to a B-1 or B-2 visitor visa to finalize your personal affairs in the U.S. and engage in tourist activities before going back to your home country.
Adjustment of Status to Permanent Resident
The H-1B visa is a dual intent visa, which means holders of this visa can be temporarily in the U.S. but seek permanent residence at the same time. If you are the beneficiary of an approved immigrant visa petition (through employment or family) and a visa number is immediately available, you may be able to apply for an adjustment of status. Taking this step allows you to remain in the United States while the government processes your green card application.
An End to H-1B Employment Can Be a New Beginning
A sudden end to your H-1B employment requires prompt action and thoughtful legal guidance. This difficult transition is not one you have to face alone. The compassionate legal team at Kriezelman Burton & Associates, LLC is here to provide the professional assistance you need in these challenging situations. If you do not know what to do next after your H-1B employment was terminated, reach out to our firm today to schedule a confidential consultation. Our team is here to help you find the best possible solution for your unique case.
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