How can I stay in the US if I’ve been laid off on H1B Visa?

If you’re working in the US and have been laid off on an H-1B visa, you have a maximum grace period of 60 days after your job finishes. Hence, you have these 60 days to find another company to file an H-1B petition on your behalf, alter your status, or leave the country. You must be employed and receive compensation in accordance with the terms of your employer's H-1B petition in order to preserve your legal status under the H-1B visa category.

How can I stay in the US if I’ve been laid off on H1B Visa?

Here are some helpful tips for you if you have been laid off in the US on H1B Visa and how you can continue to stay there:

Quickly find a new job in the United States

You will probably receive the entire 60 days for your next H-1B company to submit its petition for you as long as you are actively seeking employment and can demonstrate that you have submitted applications, spoken with potential employers, or conducted interviews for new positions. On the other hand, if you don't do anything for 59 days and then suddenly submit a petition on day 60, U.S. Citizenship & Immigration Services (USCIS) may not grant the petitioner's request for a status extension, and you would have to return home to obtain a new H-1B visa before carrying on with your new H-1B employer.

The safer option is to have the new employer file a petition without asking to extend your status if it has been more than 60 days since your former H-1B work ended and you are still in the country. In this case, when USCIS grants the petition, you would have to leave the nation, visit a foreign consulate, and apply for an H-1B visa before returning to the country to start working for the new company.The advantage of choosing this option is that it does not raise the issue of status maintenance.

Change to H-4 Dependent Status if You Have an H-1B Spouse

You can apply to convert your status from H-1B to H-4 dependent if your spouse also has an H-1B visa and is employed in the United States. You may continue to live here in H-4 status as long as your spouse retains valid H-1B status. This would give you enough time to apply for H-4 work permission and find a new position. During your 60-day grace period, submit your H-4 change of status application as soon as you can.

To move to F-1 student status, apply to a university or college.

Again, depending on your circumstances and the time of the year you quit your employment, you might be allowed to switch to F-1 status in order to enroll in a comprehensive academic program to get a different or better degree.

B1/B2 Visitor Application

If nothing else works, you should resort to this final. If your company can support a B1 application for business considerations, you should do so, along with a B2 application for any H4 dependents. The entire family might submit a B2 visitor application to remain in the US if the company is unable to fund B1.
While getting laid off puts you in extreme pressure and anxiety, the key is to remain calm and think of alternatives with a clear mind. Hope these suggestions help you keep your stay longer and peaceful in the U.S.

Disclaimer: The information provided in this is for general informational purposes only and is not intended as legal advice. Please consult with a qualified attorney.