Wed. Apr 17th, 2024

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How to transfer your H1B after being laid off without leaving the United States

3 min read
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In 2022, the technology and financial industries saw massively laid off. People with H-1B visas only have a short time to leave the country, change their status to one of another type of non-immigrant, or transfer their H-1B to a new employer.

What is an H-1B Transfer? | Laid Off

The term “H-1B transfer” is somewhat misleading. The new employer should file a new petition to USCIS every time an H-1B visa holder changes jobs. The transfer is a company change. However, the new company is filing a brand-new H-1B petition per procedure. The employee already has an H-1B, so the employer does not have to enter them in the annual H-1B visa lottery, which is the only difference between a new petition and a transfer.

How do I transfer my H-1B if I have a job offer from another company?

In most cases, to change or extend their non-immigrant status. USCIS requires some to demonstrate that they have been maintaining lawful status. For those in H-1B status, this implies demonstrating that you are at present utilized by the H-1B sponsor/petitioner. Before extending your status or moving to a new employer.

An H-1B visa holder who accepts a job offer from a different company and wishes to “transfer” her visa is a typical scenario. The new company will seek to “transfer” the candidate over by filing an H-1B petition with USCIS. Typically, the candidate will remain with her current employer until the petition is approved. After which she will begin working for the new employer. Technically, once USCIS receives the transfer petition, the candidate can begin working for the new employer. However, out of caution, most people choose to remain with their current employer until approval.

Can I transfer my H-1B if I have already been laid off?

A candidate is considered out of status if her current employer fires or demotes her while she is in H-1B status. Fortunately, USCIS provides a 60-day grace period after the last day of employment. During this, a new employer can file a petition to transfer an H-1B over. As previously stated, USCIS typically requires her to demonstrate that she has maintained lawful status when extending or sharing her H-1B. The candidate is permitted to remain in the United States and begin working for the new company. As long as USCIS receives the petition within the 60-day grace period.

What happens if I can’t find a new employer within 60 days?

H-1B Laid off: If you can’t find a new employer to transfer your visa to within 60 days, then you should immediately leave the US. Before accumulating a lot of unlawful statuses. Even if you find a new job, the petition must be submitted by that employer within 60 days of your last day of employment. If you are offered a job after more than 60 days, the new employer can still file an H-1B petition to USCIS on your behalf. The only difference is that you still need to leave the United States and wait for approval in another country.

You may re-enter the United States in H-1B status if the petition is approved, depending on whether you: 1) have a current H-1B visa with the past organization; 2) come from a nation where an H-1B visa is not required to enter; or 3) do not hold an H-1B Visa.

[Agents as Petitioners for O-1 Petitions]

With the I-797 approval notice from the new company, you can re-enter the United States on an H-1B visa. That you already have with the company that let you go. You can simply reenter the United States in H-1B status with the I-797 approval notice if you are from a country like Canada. Before you can re-enter the United States, you must schedule an appointment at the U.S. consulate closest to you. And apply for a visa if you are not from Canada and do not have an H-1B visa.

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