BREAKING NEWS : H-1B Visas Without Green Card’s Petitions Worst Hit By Layoffs | Green Card Delays
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With big layoffs announced by several US companies, many Indian techies, who are on non-immigrant work permit visas, are badly hit. Many on H-1B and L-1 visas, who have been laid-off, now face the grim reality of having to leave the US even though they have lived and worked there for many years. We will evaluate the situation and look at the details. If you are interested in any of these topics, stay tuned to the end of this video for your immigration updates. If you like this video, please click subscribe button, like this video button and click the bell icon to get new updates instantly directly to your YouTube homepage on your smartphone or smart device. Now let’s get into the video and find out what’s new in US immigration. However, when faced with a termination notice from an employer, an Indian employee on an H-1B visa does have options to stay on in the US and look for another job. When H-1B employment ends, though the employee is immediately out of status; the 2017 I-140 final rule provides 60-day grace period of continued status upon cessation of employment within I-94 (arrival-departure record form) validity for a change of employer petition to be filed. Upon termination, the employer must file a withdrawal of the H-1B employment petition with the US Citizenship and Immigration Services (U S C I S). “A person in the US in H status has a 60-day grace period within H-1B I-94 validity after H-1B employment termination. After the 60-day grace period within I-94 validity the H-1 is out of status, but lawfully present. The H-1 beneficiary may remain in the US for the entire H-1B I-94 validity and be lawfully present; even after the 60-day grace period,” explains Donald E Smith, managing attorney and shareholder of the northern California immigration law firm Litwin & Smith. For someone who finds a new job, the new H-1B employer may file a change of employer petition within the entire I-94 validity. The new employer’s petition is not subject to the H-1B cap and the employee can begin employment with a new employer upon USCIS receipt of the new employer’s H-1B change of employer petition. There are thousands of Indian professionals in the US who are on H visas and have been waiting for many years on long green card queues.
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