H-1B about to end? Here's how to stay in US
What's the story
Indian professionals staying in the US on an H-1B visa are facing an uncertain future if they are laid off.
The incident is especially worrying if the H-1B is about to come to an end and the Green Card has not been approved yet.
So, what to do in such a scenario? Let us find out.
Scenario
A look at the situation
Job loss triggers a 60-day grace period, during which the professional must find a new job and transfer their visa, change their immigration status or leave the US.
If they choose to switch employers, it could complicate matters as they would need to start the Permanent Labor Certification (PERM) process from scratch.
While having previous employer's I-140 approved can be beneficial for extending H-1B beyond six years, it is not necessary to start a new PERM process with another employer.
Criteria
Criteria for H-1B extension
For extensions beyond six years, an approved I-140 or a pending PERM for over 365 days is mandatory.
The situation highlights a common issue faced by many Indian H-1B visa holders nearing their visa deadline.
Layoffs at this stage not only disrupt careers but also create legal uncertainties and require difficult time-sensitive decisions.
Necessity
Importance of advance planning
It is important to make advance planning in the fifth year of an H-1B visa. Relying solely on employer timelines can lead to disaster, especially with delays in PERM processing. Without I-140 approval, the time to stay in the US starts dwindling soon.