What can you do After a Job Freeze as an H1B Holder?
A recent social media post brought to light the painful reality experienced by an H1B visa holder who lost their job before they could even start, at a time when abrupt employment freezes are growing more frequent. The person was prepared to begin a new position with a major American corporation after arriving in the country on an H1B visa. However, the business notified them that their employment had been placed on indefinite hold because of a hiring freeze before they could formally start. The next dilemma was what to do because neither an I-9 nor a pay stub had been filed.
In situations like this, where a job is lost before it even starts, the H1B visa, which permits talented foreign workers to reside and work in the united states, can present several difficulties. If you find yourself in a similar circumstance, here's what you should know: When you lose your H1B employment, U.S. Citizenship and Immigration services (USCIS) gives you a grace period of 60 days to either alter your immigration status or find another company who is prepared to sponsor you. You are still seen as having status during this time, which permits you to be in the country lawfully but prevents you from working. It's critical to begin looking for new employment options right away.
The new employer may submit an H1B transfer petition if you find employment during the grace period. The good news is that you won't have to wait for clearance to start working for the new company once the transfer petition is filed. The lack of pay stubs is one difficult element. In order to prove that you have kept your H1B status while requesting a transfer to a new employment, pay stubs are usually needed. However, there are no pay stubs to show in this case because the work never started. Since USCIS frequently looks for proof of ongoing H1B status, this absence of documentation may cause them to inquire about your fresh H1B petition.
Converting to a B-2 tourist visa might be a possibility if you are unable to locate a new work within the allotted 60 days. Though it has restrictions—you cannot work while on a B-2 visa, and it is mostly for temporary visits—it permits you to remain in the united states lawfully. Navigating the visa procedure is challenging, and this circumstance is difficult. The best course of action is to begin looking into your choices within the grace period, such as requesting for a change of visa status, transferring your visa, or finding a new work. It's also a good idea to speak with an immigration lawyer to make sure you're abiding by all legal requirements and avoiding problems like being "out of status."
It's difficult to lose a job before it begins, particularly for someone with an H1B visa. However, being aware of the choices, such as the possibility of switching to a B-2 visa and the 60-day grace period, can help to ease the situation.