H-1Bs and layoffs

There is a 60 day grace period from your last pay stub - use the grace period to get another employer to file an H-1B transfer, or consider an I-539 to change status to visitor.

July 3, 2022 - Linkedin News has written about layoffs at some SF Bay area companies.

They use the term "tidal wave" - which might be a slight exaggeration as to the layoffs, but clearly with inflation at generational highs, interest rates going up, and the stock market tanking - more layoffs are coming.

Traditionally SF Bay area companies hired a lot of H-1B workers.

If you are in H-1B status and you get laid off, current USCIS rules permit you to stay in the US for up to 60 days.

-- The 60 days is generally calculated based on your last pay stub.

-- During that 60 day "Grace Period" - hopefully another employer will be able to file an H-1B "change of employer petition" for you.

-- Note that even if you cannot get an H-1B change of employer petition filed in time, you might be able to file an I-539 application to change status to B-2 to 'buy more time' to transition out of the US, or perhaps an I-539 to change status to H-4 if your spouse is in H-1B.

Also, if you end up relocating outside the US, to your home country or a third country, you are potentially exempt from the H-1B cap and could return to a new H-1B employer. Calculating H-1B exemption can be complicated.

H-1B workers need to educate themselves on their options. Best to do it before you really need it.