I see that your insights in this forum are really helpful. Below I have mentioned my specific situation, and then listed the questions I have. I would really appreciate any insights from people who have faced or know of a similar situation and its impact. Officer said no issues but since priority date was not current, he cannot currently approve the green card on the spot.
Priority date is jun and current final action date as per Feb bulletin is febthus a backlog of 4 months 6 On 8th Feb, my firm did a mass layoff and I was also impacted by this systemic decision. The notice period is 2 weeks and the current job is until 22 feb Would it be an issue if it takes some time for me to get a new offer after losing the current job? You will need to get a new job offer quickly if you want to apply for i pending EAD.
I pending, laid off by employer, Green card interview completed USA.
Green Card. Anonymous Anonymous February 11,am 1. Hi Anil Gupta - I see that your insights in this forum are really helpful. L2 Spouse status after primary job loss Your spouse can keep working using her i EAD even after you lose your job. Let me know if you have more questions.H1B visa is a nonimmigrant work visa for foreign graduate level workers who are allowed to work in the US for a period of three years, extendable by another three.
Unfortunate circumstances can change this time-frame quickly and you may find yourself without a job in a foreign land. For H1B employees, their rights to stay within the US is tied to their employment.L1 Visa Application Process, USA 2020
If laid off, you have 60 days to find another employer who can continue the H1B sponsorship or seek to change the visa status to another valid one.
This is also dependent upon the expiry of the current visa status. Nevertheless, you will be treated like any other US citizen employee and will be treated with the similar company policies that apply to a them. At this point, you begin to accrue unlawful status. Staying in the US over days under the unlawful status has serious consequences that can range from not being allowed to enter the US anywhere between three to ten years.
Record important staff credentials and send contracts without the paperwork. Employees can provide feedback and quality of work after each shift. Let staff record attendance with a photo- and location-verified time clock. Connect your existing payroll software to easily calculate and sync wages. Approve shift swaps with complete oversight of costs and compliance. Keep staff engaged and on the same page with Workforce Chat. Read about the latest news and expert commentary on workplace and employment.
View the digital version of the latest issue of Workforce Magazine. Download our available whitepapers about effective workforce management.
Check our schedule of online discussions about workforce and technology. Check the dates and locations of all our Workforce-hosted events. Learn about our Research Advisory Group and what it can do for your organisation.
Products and Services for effective management of the workforce. With the unemployment rate in the U. During this era of corporate downsizing, human resources professionals are required to be agile and expert at managing a wide range of issues. Among the most sensitive of these matters are the consequences of terminating foreign workers and the affirmative obligations of employers under federal regulations.
The following article will assist human resources professionals in identifying issues that require compliance with federal regulations of the Department of Labor and U. Citizenship and Immigration Services. The article also addresses the consequences of termination for the foreign worker.The United States L1 visa is a non-immigrant visa which allows overseas companies to transfer employees under two types of L1 visa schemes.
One of the benefits of the L1 visa is that there is no quota. However, unless the company is a very large company with blanket filing a considerable amount of documentation needs to be submitted for each L1 visa petition to the USCIS in duplicate.
Indians and Chinese nationals are able to come under the L1 visa category. This can be an excellent way for businesses including small businesses to expand into the US with a minimal investment. However, the business outside the US should continue trading even after the L1 visa holder has entered the US.
The requirements for employment based immigration permanent residence under the EB1C immigrant scheme are similar to the requirements for the L1A Executive and Manager visa category. As you need to show that you have worked for the business outside the US for at least one year in the last three years, you need to apply for the EB1C immigrant visa within two years of entry to the US on an L1 visa.
The business needs to have been established in the US for at least one year before you can apply under this green card scheme. Employees in this category will, initially, be granted an L1 visa for up to three years. L1 Visa requirements for management and executive roles for these purposes is quite strict, and a detailed description of the duties attached to the position will be required. Such personnel are issued an L1A visa, initially for a three year period extendible in two year increments to a maximum of seven years.
For a new US office entry for an L1 visa is granted for one year. This should be explained in some detail when applying for the L1 visa. Staff in this category are issued an L1B visa, initially for three years extendable to a maximum of five years.
On completing the maximum allowable period in L1 visa status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.
If you would like to apply for an L1 visa through workpermit. There is no investment requirement as such. The minimum requirement in most cases is that you have a company set up in the US and have an office. Forming a company is usually very easy to do and can be done online. You also do not need to spend very much on an office in the US, and so a basic office should be sufficient. There is no requirement that the business should have started trading as yet.
The employee must have worked physically outside the US for at least one year in the last three years for the transferring business, either as a manager or executive or specialized knowledge worker.No, your employer has to file the petition for L-1 status on your behalf.
The employer may be either the U. Yes, you may transfer employment or change jobs but only to another location with the same company, or to another affiliated company in the United States. You must notify the U. If you want to work for a company other than the one that sponsored your L-1 visa, you would have to change your status to a different work visa. Generally, you would be required to leave the United States if you lost your job with your sponsoring employer.
You may be able to apply for a change of status to stay in the country as a visitor or find another employer willing to petition for a work visa. Your spouse and your unmarried children under 21 years of age may accompany you to the United States.
Unless they are exempt from the visa requirement, your family members must apply for a visa at a U. They would be given L-2 visa status, which is for dependents of a person in L-1 status. The application for an L-2 visa requires a copy of the L-1 approval notice, valid passports, and evidence of the family relationship such as marriage and birth certificates.
If your family is already in the United States in a status that allows for a change of status, they may be eligible to file to change their status to L-2 while remaining in the United States. Due to a recent change in the law, your spouse with L-2 status can file a petition to get authorization to work in the United States.
Your children in L-2 status are not permitted to work. Disclaimer : This website provides only general information and not legal advice on solving specific immigration law issues. All rights reserved. Can I transfer or change jobs on an L-1 visa? What happens if I am fired or laid off by my employer while working in the United States on an L-1 visa?
What happens if I get fired, lose my job, or fail to renew my TN visa before it expires?
Can my spouse and children come to the United States with me? Can my spouse and children work in the United States? Can I apply for L-1 classification for myself?One of the key components of the new regulation is the availability of a grace period of up to 60 days for certain categories of nonimmigrant workers in E-1, E-2, E-3, H1B, H1B1, L-1, O-1, and TN status, following the loss of employment.
It is important to understand the eligibility criteria and requirements to qualify for the grace period, to make sure that the affected worker and dependents can successfully apply for a change of status or an extension of status. Prior to the implementation of this new regulation, in most situations, a nonimmigrant worker who was laid off would have fallen out of status immediately.
Given that a person typically must be in valid status at the time of filing for a change or extension of status, in order for the U. Citizenship and Immigration Services USCIS to approve the request, a sudden layoff tended to present special challenges to foreign national workers.
Fortunately, the new regulation provides for a discretionary day grace period during which an H1B worker who ceases employment may be considered to be maintaining status for the purposes of filing for a change or extension of status. There is no designated form or format for requesting the grace period.
If requesting a change of employer or change of status during the grace period, a standard petition or application must be filed. One may include a cover letter or the like with the application or petition that requests the grant of the grace period.
Losing a Job When on H1B? Top 10 Best Options & Steps Ahead Of You
But, even if it is not formally requested with the application or petition, the request is inferred to be requested based on the filing of the change of status or change of employer within 60 days of ceasing to work in the position. The regulations provide clarity regarding when a laid-off H1B worker, who finds new employment, is permitted to resume working. In order to qualify for portability under AC21, the new H1B petition must be filed while the worker either is in H1B status or has a timely filed H1B extension petition.
Therefore, if an H1B change-of-employer request is filed during the grace period, the H1B worker typically is permitted to resume working upon the filing of the petition.
The availability of this grace period should provide some level of protection and flexibility to nonimmigrant workers.
Because this is a fairly recent immigration benefit, it remains to be seen how liberal the USCIS will be in granting these requests. As more information becomes available, details will be posted on MurthyDotCom.Forgot your password? My job was terminated last week. I is valid till October I have a few questions. How much longer can I stay in US? Can I find a job and have them sponsor my H1B for next year?
I have a valid tourist visa. Can I come back on my visitor's visa and stay with my family who have H1B? Can I just go to Jamaica and get back to US on tourist visa?
Is there anything else that I need to take care of? Or should I go out of the country and file my H4 or F1? If I come back on tourist visa traveling to Jamaica will there be any issues during immigration?
Changing to F1 is never a possibility. Where did you get the idea of changing to F1 from??? Universities have application deadlines, and it takes several months to get admission. ANd if somebody told you to just sign up with one of the fake "universities", well, if you do that you would kill your career in the US forever. And going abroad and coming back on B2? You certainly won't be able to stay until an H1 could kick in. So, go to your home country, and from there, find a good employer who can file an H1 for you next year.
Avoid consulting companies. You are out of status from last week. H1B filing is in April next year and so you cannot stay here till then by being out of status. H4 is the best route for you to stay with your family till you find an employer and get a H1B approved.
Thank you for the information. I have a son 13 months old who is an American citizen, Will his citizenship help me as a parent to stay in the USA?
File COS to H4 now, your son's citizenship will not help you out. Didn't your husband told you to file for H4 immediately?? You need to be a member in order to leave a comment. Sign up for a new account in our community.
It's easy! Already have an account?