For many skilled foreign workers, the H-1B visa represents the American dream — the opportunity to live and work in the United States. You’ve gone through the lengthy process of having an employer sponsor you, filed all the paperwork and finally received approval. You feel a huge relief and excitement for this new chapter.
Amid the financial crisis in 2009, we—Lynne Feldman and her son, Jason Feldman—came together to establish Feldman Feldman & Associates, PC (“FFA”). Despite the economic uncertainty prevailing at the time, we were resolute in our mission to create an exceptional immigration law firm. Our vision revolved around crafting a firm that seamlessly blended profound expertise in immigration laws, a wealth of experience, an unwavering work ethic, and a keen ability to grasp the broader context of how immigration procedures intersect with each client’s unique circumstances.
We proudly achieved our own version of the American dream and created an award-winning law firm in San Diego, California, with 50+ years of experience in immigration law. Talk to an immigration attorney at Feldman Feldman & Associates PC by calling 1-619-299-9600 today.
The Harsh Reality of Losing Your Job on H-1B Status
We can only imagine what if that opportunity was ripped away from us through no fault of our own. Losing your job while on an H-1B visa can be a nightmare. The stakes are incredibly high, with your entire immigration status now thrown into jeopardy.
We’ve seen looks of sheer panic in cases like John’s, who came to us devastated after being laid off from the manufacturing company that sponsored his H-1B just two years into his six-year visa term.
“I had uprooted my whole life to pursue this job in California,” John told us with the weariness of someone who felt they’d lost everything. “The thought of disrupting my family by moving back to our country with no income…I was terrified.”
When you’re in the U.S. on a non-immigrant visa like the H-1B, which is valid only for a specific job, losing that job means losing your legal status to remain the country. Sadly, many people make the stressful mistake of thinking they have a “grace period” to find a new job and new H-1B sponsor.
No Grace Period After Losing a Job on H-1B Status
There is no true “grace period” after termination or resignation that protects your legal status. When you lose your job, the clock starts ticking to file for a proper change of status or get approved for a new visa by having another employer sponsor you. Otherwise, you must depart the U.S. once your authorized period of stay expires (usually around 60 days after termination).
Urgent Action Required to Maintain Legal Status
As an H-1B lawyer in California, our team at Feldman Feldman & Associates PC have worked with countless clients in this high-stress situation. We know how overwhelming and even hopeless it can feel. But we also know that with rapid, strategic action there are multiple potential pathways to maintaining your legal status:
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Getting approved for change of status to another non-immigrant visa category you qualify for
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Obtaining approval for H-1B transfer to a new employer
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Expediting approval of a green card process if already in progress
Our attorneys hit the ground running when clients like John contact us. We ask detailed questions to understand their background, qualifications, and goals and determine the best legal strategy moving forward. Then, we take urgent action to put the proper applications and petitions in motion before any deadlines or periods of authorized stay expire.
H-1B Lawyer Help: Hypothetical Courtney’s Story
Take the case of Courtney, an operations research analyst from the UK. Just a few short weeks after her employer went through a round of layoffs that impacted her role, she reached out to our firm in a panic.
“I felt like the floor had fallen out from under me,” Courtney told us through tears during the consultation. “All I could think was, ‘What if I have to leave the country and lose my home, my friends, my whole life here in San Diego?'”
After closely reviewing her credentials and work history, we determined that the best path forward was immediately filing for a status change to the TN visa category for professional workers under NAFTA. Because the TN allows individuals to be self-employed or seek a new job, Courtney could remain legally in the U.S. while looking for her next role without accruing any illegal presence.
Our team worked nights and weekends alongside Courtney to gather the robust filing and evidence for this petition on an expedited timeline. Finally, she received the welcome news that TN status was approved shortly before the dreaded 60-day deadline loomed. Today, she remains lawfully in San Diego as an independent consultant while interviewing to transition back to a company role.
“I’ll never forget the massive relief I felt — it was like the weight of the world had lifted off my shoulders,” Courtney shared. “Feldman Feldman & Associates gave me my life back when I stood at the precipice of having to leave everything I’d worked so hard for.”
We’re the Proven H-1B Lawyer Advocates You Need
For 15 years, Feldman Feldman & Associates PC has been at the forefront of employment-based immigration law in California, especially issues surrounding the H-1B visa program. With a team of over 15 H-1B lawyers and professionals, we can swiftly mobilize and dedicate the manpower and expertise needed to handle even the most complex H-1B cases when someone’s immigration status is in peril.
But it’s not just about knowledge and efficiency — we take a holistic, personal approach that so many of our clients remark upon. When the anxiety and uncertainty of maintaining status is weighing on you, our attorneys bring empathy and ironclad advocacy every step of the way.
Personal Scenarios for H-1B Job Loss 5 Common Options
Both cases differ regarding losing a job in H-1B status, so we always pursue the best-customized strategy for the individual. Here are some of the most common scenarios we encounter:
H-1B Transfer to a New Employer
For those able to line up a new job opportunity relatively quickly, the ideal solution is pursuing a streamlined H-1B transfer to be sponsored by the new employer. Our immigration attorneys work closely with the new company to ensure all requirements are satisfied and that the transfer petition is filed on time to prevent any lapse in status.
Change of Status to Another Work Visa Category
Like Courtney’s story above, filing for change of status can be a tremendous short-term bridge solution to defend status while seeking longer-term re-sponsorship. Common categories include TN, E-2, O-1 and more.
Applying for a Green Card
Those who already have a green card process underway will need to act swiftly to expedite the adjustment of status approval before falling out of status.
Optional or Curricular Practical Training for Students
You could switch from H-1b to F-1 status and enroll in an educational program. Some Master’s programs allow for Day-1 CPT that enable you to work while attending school.
Family-Based Immigration Paths
Depending on individual situations, we can work towards pursuing a family-based green card as the new primary path forward.
No matter the situation’s complexity, our team will walk you through all potential options in a free consultation. We’ll develop a clear legal strategy and lay out a step-by-step plan to protect your status, alleviate that panic, and put you back in control.
FAQs on Losing a Job on an H-1B Visa
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How long can I stay in the U.S. after losing my H-1B job?
The general 60-day grace period is a valid legal period to remain in the United States. Once your employment is terminated, the clock starts ticking on your period of authorized stay as determined by the H-1B validity period and I-94 date. You’ll need an approved change of status or find a new H-1B employer to sponsor you prior to that deadline.
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Can I Start Working For Myself Or Become An Independent Contractor After H-1B Job Loss?
H-1B status is based on an employer-employee relationship for a specific role and company. Pursuing any type of unauthorized employment, even self-employment or 1099 work, constitutes a violation of status that could have severe consequences. You could potentially start your own company, and have that company sponsor you.
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I Already Have PERM/I-140 Approved For Green Card, Do I Still Need To Act Urgently?
Yes, even if you’re in the middle of a green card process, your underlying nonimmigrant status will still expire. You will likely either need to transfer your H-1b to a new employer or change to a different status.
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Does it have to be a “Same Or Similar” Occupation For H1b Job Transfer?
No, but it must still be a qualifying specialty occupation, meaning that the job must require and relate to a Bachelor’s or higher degree that you possess.
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Is Premium Processing Available For Job Loss Cases?
In many cases, yes, premium processing can be utilized to have change of status, transfer or other petitions adjudicated on a 15-day timeline to prevent any lapse of status. Often it is not needed, as you can start working immediately for an H-1b change of employer petition once it is received by USCIS, which can save you or the employer the expensive premium processing fee. Our firm discusses with clients and utilizes premium processing strategically based on client needs and desires in urgent job loss matters.
Work With A H-1B Attorney
Facing the loss of your H-1B job is never easy, but you don’t have to navigate this stressful time alone. With an experienced, caring H-1B lawyer in California in your corner, you can explore all your options, make informed decisions, and take meaningful action quickly. At Feldman Feldman & Associates, we’ve helped countless clients through this challenge and we’re here to fight for you. You’ve got this.
We’re an award-winning San Diego, California law firm with 50+ years of experience in immigration law.Talk to an immigration attorney at Feldman Feldman & Associates PC by calling 1-619-299-9600 today.
