{ "media_type": "text", "post_content": "To all on an H1 Visa, what are the options if you get laid off?", "post_id": "5768a53a05aa3a0e00ed11ba", "reply_count": 14, "vote_count": 1, "bowl_id": "552d1d24dc1c586b09d2d051", "bowl_name": "Consulting", "feed_type": "crowd" }
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To all on an H1 Visa, what are the options if you get laid off?

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You need to be getting paid full salary in order to maintain status. Without it, your employer is supposed to purchase your return tickets to your home country.

Exception is finding new employment IMMEDIATELY. Once your new employer files an application for the H1 (assuming you haven't lapsed), you can continue to work in the US. So if you're being laid off, you should negotiate a severance deal where your effective termination date is delayed (think of it as being on the bench), rather than taking a lump sum and having it take effect immediately.

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I should write a blog on this. See an attorney immediately. Apply for a6-month tourist visa. Note that you need to submit the application for the tourist visa within ten days of your lay off date or last day at PwC. You need to provide some documentation as part of the application showing that you have ties to your home country. This may include your parents bank statements from your home country, or a copy of the lease to your house. It takes about 6 weeks to get the tourist visa. Meanwhile you kick off the job search.

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Also note timing: 6 weeks to get tourist visa. About 2-5 weeks to switch back from tourist to h-1. During most this time you cannot work, so need a financial plan.

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A1 is incorrect. I have actually successfully gotten a tourist visa after a layoff, and transitioned back to h-1 4 months later when I received an offer. You can extend the tourist visa to as long as one year. The only catch is you cannot work during this time.

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One other option is that you make a deal with PwC delaying your layoff date, and receive severance in the interim. I know a friend working for a small firm who delayed his end date so he could transfer to the next h-1 without switching to the tourist visa. However larger firms tend to not do this, because they don't want to deal with Uscis investigations etc.

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Basically, take a deep breath, make a financial survival plan, and find a good attorney who gives the right advice.

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Go back to your country?

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P2 not an option if the economy there has basically collapsed.

Touché , go to Canada

Thank you @P1

P1 basically anyone on tourist can transfer to an H1 this easily? Then why do people go to school to get on an F1 coz apparently F1 to H1 transfer is easier. Also, don't you have to wait for the H1 lottery period to start a new role ?

OP no it's like your H1B is on hold until being reactivated. Heard there is a time line but not sure how long. First time H1B has to go through degrees and lottery

Really? Never heard of H1B being on hold id you lose your job. How long is this hold?

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