How do holders of H 1B cope with being laid off by the company?

. First of all, Mr. Feng suggested that full-time people with H 1B status should find a part-time job and obtain the part-time status of H 1B without affecting their existing jobs. Once the unfortunate full-time company goes bankrupt and is forced to leave the country immediately, this part-time H 1B that has come into effect allows the holder to legally stay in the United States and continue to work.

Secondly, when the identity holder of H 1B finds that the company will lay off employees, he should find another company related to his major as soon as possible, and ask the new employer to submit a new full-time or part-time application for H 1B to the Immigration Bureau immediately. After the Immigration Bureau receives the application and issues a notice of acceptance, the applicant can leave the original employer. This means that the last pay date of the original employer must be after the application of the new employer is submitted, not after the new application is approved. If there is a gap of several months between the last date of sending the check by the original employer and the application date,

H 1B identity holders may lose their legal identity and cannot obtain a new H 1B identity in the United States.

In this way, applicants for H 1B must leave the country and apply for a new H 1B visa at American embassies abroad. If you don't sign in, it will be difficult to enter the United States in the future. If you choose to stay in America,

Applicants of H 1B may be deported by the Immigration Bureau because they lose their legal status.

When a new employer submits a new application for H 1B, it should also provide its supporting materials to the Immigration Bureau, such as proving that the applicant has legally entered the country and keeping the job for H 1B in the original employer (such as payroll, W2 tax bill, etc.). At the same time, it is also necessary to prove that the new application is valuable, necessary to determine the company's business, affordable to the company's finances, and the academic qualifications and work experience applied for are also suitable for this position. The new application was submitted within the legal residence period of the applicant, and the applicant did not work illegally in the United States before being approved.

As for those who apply for green card as H 1B, they can find a new job and employer 180 days after I-485 applies for green card, but it must be consistent with or related to the original job nature.

It is very important to keep legal status in the United States. Those who enter the country with a legal visa are overdue for 6 months, and cannot re-enter the United States or apply for a green card at home and abroad within 3 years after leaving the country. Those who are overdue for 1 year cannot re-enter the United States or apply for a green card at home and abroad within1year.

Once the identity turns black, even if you don't leave the country or go to court, you will be sent to court for deportation after being discovered by the immigration bureau. If the court loses the case, you will be officially deported by the court.

Feng Dawei lawyer Lou