Extended Stay Options for Terminated H-1B Visa Holders: Ensuring Legal Status and Job Security

For H-1B visa holders facing job loss, understanding the available legal options is crucial to extend their stay beyond the typical 60-day grace period. Various pathways can maintain legal status, including filing for a change of status, seeking a new job sponsor, or applying for an adjustment of status. By taking action within the grace period, holders can preserve their nonimmigrant status despite employment changes. Additionally, self-petitioned immigrant visa petitions allow concurrent filing with an adjustment of status application, facilitating continued employment and a path to permanent residency. In cases of compelling circumstances, beneficiaries of approved employment-based immigrant visa petitions may obtain a one-year EAD, ensuring employment continuity. Understanding these legal avenues empowers H-1B visa holders to make informed decisions during layoffs, securing their presence and employment in the United States.

Scroll to Top