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If you are on H1 then once you lose your job you'll be immediately out of status. Now being out of status is not a very big deal, but it does mean you'll need t
by benttoothpaste 7y ago
If you are on H1 then once you lose your job you'll be immediately out of status. Now being out of status is not a very big deal, but it does mean you'll need to find a new employer willing to sponsor you as soon as possible. USCIS is generally forgiving if your out of status period is not too long (they might require you to leave and then re-enter the country to get back to status though). Also living out of status is not fun - in addition to loss of income you'll have difficulty with things like renewing driver license or traveling out of country.
- nogabebop23 7y ago>> traveling out of country. not to be glib, but this would be a one-way trip for the near to mid future. Any rquirement to leave and return to the country is also a non starter
- ayberk 7y agoIANAL. This is not correct. If you leave/lose your job, you have a 60-day grace period where you're not considered out of status. You need to find a new employer willing to petition a new I-129 for you. Please check the specifics with a lawyer. Immigrations laws keep changing in very subtle ways.
- 0x5002 7y agoAs far as I'm aware, that is only true for L1, not H1B, which has a 60 days grace period. I don't know how it affects folks with AOS to an I-485, though.
- justinv 7y agoI believe it's like this: L1 - if you lose your job and you have no other status (ie have not filed for green card or have your H1B), that's it. You have to leave within 60 days and you cannot work at another company in the US. H1B - you can switch to a new company and they port your H1B with USCIS. Otherwise, 60 day grace period to leave. Adjustment of Status to 485 - if it has been pending with USCIS for more than 180 days & you have your EAD, you can port to another company under the AC-21 act.