A Redditor who has been laid off in the US took to social media and explained the harrowing ground situation. “Every single day since then was like hell. I have been in the US for 8 years and all of a sudden I lost everything I have,” the Redditor said, adding that there was no warning before the layoff. it was just a normal day and suddenly the job was not there anymore. “The company even refused to put me on the payrolls to maintain my H1b status, said too much legal complications but gave me a severance package instead,” the Reddit post said.“I tried to apply for jobs like no tomorrows and had 100 applications and 1 interview so far after a week. I had friends to give me referrals everywhere but most didn’t help,” the Redditor said.The post made it clear that the employee asked the company to be kept on the payroll so that they could maintain H-1B status while looking for another job. But the company apparently refused to do so for legal complications, possibly jeopardizing the Redditor’s immigration status.The worker may qualify for a grace period of up to 60 consecutive days, or until the end of the authorised validity period, whichever comes first. During that period, they can look for another sponsoring employer. If an eligible new employer properly files a qualifying H-1B petition, the worker may generally begin working under the portability rules without waiting for approval. The grace period is discretionary, not guaranteed.But as explained in the Reddit post, 100 applications come with one interview making the job search tough for a laid-off H-1B visa holder.‘Go back home’The comment section was full of vitriol, reminding the Redditor that those jobs were never meant for foreigners in the first place. Though the Redditor did not mention nationality, many people asked the individual to ‘go back to India’.
What happens when an H-1B visa holder is laid off?
If an H-1B worker is laid off and cannot find another job before their grace period expires, they do have options, but they may have to change their immigration status, leave the US, or find another lawful way to remain. After eight years in the US, as the Redditor described, this can be especially difficult because their job, housing, family plans and long-term green-card process may all be affected.1. Find another H-1B sponsoring employerA new employer can file an H-1B petition. Eligible workers can generally start working once the new petition is properly filed, under H-1B portability rules. The new employer must be willing and eligible to sponsor them.2. Change to a dependent visa, such as H-4 or L-2If their spouse qualifies under the relevant visa category, they may be able to change status to become a dependent. Work authorisation is a separate question: for example, only certain H-4 spouses qualify for an employment authorisation document, while eligible L-2 spouses may have work authorisation incident to status.3. Change to student status (F-1)They could consider enrolling in a genuine qualifying academic programme and applying to change status. This is not a way to keep working freely: they generally cannot begin employment unless separately authorised, and any student work must comply with the applicable rules.4. Apply to change status to B-2 visitorThis may allow them to remain temporarily in the US while arranging their affairs or exploring their options, if USCIS approves the application. But they cannot work on B-2 status, including taking up ordinary paid employment while waiting for a new job. A timely, non-frivolous application may allow an authorised period of stay while it is pending, but it does not itself grant work authorisation.5. Explore a green-card-related optionSomeone with an employment-based green-card case may have additional possibilities, depending on their circumstances. For instance, certain workers with a qualifying I-140 petition and a pending I-485 for at least 180 days may be able to transfer the green-card job offer to a new employer in the same or a similar occupational classification. A separate, discretionary employment authorisation for compelling circumstances may also be available to some eligible applicants. Neither route is automatic.6. Leave the US and pursue a job from abroadIf no viable status option exists, they may have to leave the US. They can continue applying for American jobs from their home country, and a prospective employer may be able to sponsor a new H-1B petition if they qualify. They should check their remaining H-1B time and any applicable cap requirements before making plans. An employer that involuntarily terminates an H-1B worker generally must offer to pay reasonable transportation costs to the worker’s last place of foreign residence.
