The Law Offices of Prashanthi Reddy, PLLC

Introduction

The Law Offices of Prashanthi Reddy hosted an online webinar on H-1B Layoffs and Revocations: Alternative and Best Practices. The webinar was hosted and organized by U.S immigration Lawyer Prashanthi Reddy. U.S. immigration Lawyer Prashanthi Reddy and her team discussed some common suggestions to deal with the current H-1B layoffs. The webinar outlined the recent updates, emphasizing alternative options for H-1B Layoffs.

Objective:

To help our clients and prospects by providing exceptional facts, recent updates, and practical solutions for H-1B Layoffs by recommending best practices and alternative options.

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Overview and Topic Of Discussion

  1. What Does the Law Say?
  2. Problems Faced Upon Termination Of Employment
  3. How H-1B Portability Can Help
  4. Alternatives If You Laid Off
  5. What is the H-1B withdrawal process?

Highlights From The Webinar

  1. Earlier H1B visa holders with a job in the US were not permitted to stay back in the country if they got laid off, lose a job or decide to quit. A new law that took effect on January 17, 2017, allows a 60-day grace period after employment is terminated.
  1. A person who remains in the United States after the expiry of his I-94 or the termination of his status will be subject to a Three- or Ten-year bar from re-entering the United States. When USCIS terminates a person’s H-1B upon the employer’s request, the person cannot remain in the country and will be subject to the Bar. Upon leaving the country, they will not be allowed to re-enter. The bar does not apply during the 60-day grace period.
  1. The H-1, b portability Law, allows the H-1B worker to begin working at a new employer before USCIS grants the H-1B approval if:
  • The worker has lawfully admitted to the United States.
  • The worker has earlier held H-1B status;
  • The new employer filed a non-frivolous H-1B petition before the end of the worker’s authorized time of stay.
  • The worker did not work without approval since his previous lawful admission to the United States
  1. Apply For A Different Status After Being Laid Off
  •  Changing to an F-1:It is possible to file a change of status to an F-1; however, you have to ensure that the petition is filed before the grace period has ended and that you can attend classes as soon as the F-1 is approved.
  • Changing to a B-2:It is possible to file this petition, but changing the status from a B-2 has some problems because of lengthy processing times.
  • Changing to a Dependent Status:If your spouse is presently on an L-1 visa or H-1B status, you can change your status to a dependent status like H-4 or L-2 until you find a new employment condition.

The advantage of switching to L-2 and  H-4 status(in some instances), is that it allows you to work.