Key Takeaways:
- H-1B visa holders with an approved I-140 face challenges after job loss, including a 60-day grace period to find new employment or change visa status.
- Options after losing your job include finding new employment, changing visa status, or returning home.
- An approved I-140 is portable and allows you to retain your priority date for a green card. Consult an immigration attorney for guidance.
What Happens to H-1B Visa Status After Job Loss with an Approved I-140?
Navigating employment and immigration status after a job loss can be challenging for H-1B visa holders, particularly with an approved I-140 petition. It’s essential to understand the implications and the urgency of finding a new job to maintain your status.
Understanding Your Grace Period
If you’re an H-1B visa holder and have experienced a job loss after your I-140 has been approved, it is crucial to act promptly. The United States Citizenship and Immigration Services (USCIS) provides a 60-day grace period or until the end of the authorized validity period, whichever is shorter.
During this time, you are expected to either find a new job, change your visa status, or leave the country. If you find a new employer, they will need to file a new H-1B petition on your behalf before the grace period ends to avoid any impact on your visa status.
Options After Losing Your Job
Here are your main options when you lose your job after I-140 approval:
- Find New Employment: Search for a new job that suits your qualifications and get a new employer to sponsor your H-1B visa.
Change of Status: Consider applying for a change of status. For example, you might switch to a dependent visa if your spouse is also in the United States on a work visa.
Return Home: If you’re unable to find a suitable job or change your status, prepare to return to your home country.
Portability of Your I-140 Petition
The good news is that an approved I-140 is more often than not ‘portable’, which means you can use it with a new employer under the American Competitiveness in the Twenty-first Century Act (AC21). To leverage this, the new job offer should be in a similar or same occupational classification as the job for which the original I-140 was filed. The portability allows you to retain your place in the green card queue.
Retaining Your Priority Date
A critical point of relief is that after your I-140 is approved, you generally retain your priority date, even if you change jobs. The priority date determines your place in line for a green card. This is integral to your long-term plans for permanent residency in the United States.
Navigating Immigration Concerns
If you face job loss after I-140 approval, it’s advisable to consult with an immigration attorney. They can provide personalized guidance tailored to your situation. Also, be sure to keep an eye on official notices and policy updates from USCIS, the primary resource for changes to immigration laws and procedures.
Conclusion
Job loss with an approved I-140 can indeed be a stressful situation, but it’s manageable with prompt action. Remember to utilize your grace period wisely, explore your options for new employment or status changes, and consult with immigration experts if you need clarity on complex processes.
Losing your job doesn’t have to mean losing your path to residency in the U.S. Stay informed, and act quickly to safeguard your H-1B visa status and your future.
Well, my friend, losing your job with an approved I-140 doesn’t have to be a visa nightmare! Act fast during the 60-day grace period, explore new job opportunities, switch visas, or head back home. And guess what? Your approved I-140 is portable, so you can use it with a new employer. Keep that place in the green card queue! Remember, stay informed by visiting visaverge.com. Your future in the U.S. is worth fighting for!
FAQ’s to know:
FAQ 1: What is the grace period for H-1B visa holders after job loss with an approved I-140?
The grace period for H-1B visa holders after job loss and with an approved I-140 is a 60-day period or until the end of the authorized validity period, whichever is shorter. During this time, individuals should find a new job, change their visa status, or prepare to leave the country.
FAQ 2: What are the options for H-1B visa holders after losing their job with an approved I-140?
After losing a job with an approved I-140, H-1B visa holders have several options:
- Find new employment and have the new employer file a new H-1B petition.
- Consider changing their visa status, such as switching to a dependent visa if eligible.
- Prepare to return to their home country if they cannot find a new job or change their status.
FAQ 3: Can an H-1B visa holder retain their priority date after losing their job with an approved I-140?
Yes, H-1B visa holders generally retain their priority date even after losing their job with an approved I-140. The priority date determines their place in line for a green card, and retaining it is crucial for their long-term plans for permanent residency in the United States.
What did you learn? Answer below to know:
- True or False: After job loss with an approved I-140, H-1B visa holders have a 60-day grace period to find a new job, change their visa status, or leave the country.
- What does it mean for an I-140 petition to be ‘portable’?
a) It can be transferred to a different employer under AC21.
b) It can be easily canceled by the USCIS.
c) It allows visa holders to stay in the country without a job.
d) It exempts visa holders from the green card application process. - What is the significance of retaining the priority date after a job loss with an approved I-140?
a) It ensures immediate approval of a new job application.
b) It determines the visa holder’s position in line for a green card.
c) It allows visa holders to switch to a dependent visa.
d) It provides automatic eligibility for permanent residency.
