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This might sound like a weird, blunt question, but what's the practical real world implication for an H-1B holder with a good financial situation (12-18 months

This might sound like a weird, blunt question, but what's the practical real world implication for an H-1B holder with a good financial situation (12-18 months of survival runway) but a family (spouse, kids in school), and who loses their visa due to losing their job? What actually happens at 60 days? Is there a possibility of just keeping quiet and hoping to find a job before their situation is exposed, or is this super risky in terms of being deported if found out? Could they head back to their home country and start a job search while leaving the family in the house/school in the US? Or are they literally risking their spouse and kids ending up in an immigration detention center somewhere? What is the likelihood of it all being OK if they end up finding a job but had a gap in their immigration status? What is the likelihood that a minor blip upends everything for an otherwise highly employable person?

WirelessGigabit 4y ago
So family (spouse, children) who are dependent on the other spouse's H-1B have the same problem. Once the status runs out the dependent status runs out too. After 60 days they need to leave. They MAY get caught, but the USA doesn't actively enforce overstayers on status. You'll run into problems when you want to re-enter the USA. And if you wish to stay, you cannot find a (legal) job because your employer needs to fill in an I-9, which will reveal the fact that you are out of status.
- heleninboodler 4y ago
  So is it safe to leave the country but leave your spouse and kids behind, find a job, and then re-enter, or will this trigger detection of your spouse and kids overstaying?
  - WirelessGigabit 4y ago
    As long as it is within the 60 day period I don't think so, but IANAL.
bmitc 4y ago
When you change jobs under an H-1B, you have to apply for a transfer. It would be found out if you violated the visa terms.

WirelessGigabit 4y ago

So family (spouse, children) who are dependent on the other spouse's H-1B have the same problem. Once the status runs out the dependent status runs out too. After 60 days they need to leave. They MAY get caught, but the USA doesn't actively enforce overstayers on status. You'll run into problems when you want to re-enter the USA. And if you wish to stay, you cannot find a (legal) job because your employer needs to fill in an I-9, which will reveal the fact that you are out of status.

heleninboodler 4y ago
So is it safe to leave the country but leave your spouse and kids behind, find a job, and then re-enter, or will this trigger detection of your spouse and kids overstaying?
- WirelessGigabit 4y ago
  As long as it is within the 60 day period I don't think so, but IANAL.

bmitc 4y ago

When you change jobs under an H-1B, you have to apply for a transfer. It would be found out if you violated the visa terms.