I am a foreign professional worker on an H-1B visa and got laid off. Do I have to exit the U.S. immediately?
As of January 17, 2017, an individual on an H-1B visa or status has a grace period of up to 60 days after employment has been terminated. One important thing to consider is that the grace period is up to 60 days or until the end of the authorized validity period, whichever is shorter. This 60 days grace period not only applies to individuals on H-1Bs but also to individuals on E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN and his/her dependents. Keep in mind that each case is different, thus, if you are in this situation, you should contact an immigration attorney so he/she can go over the specifics of your case an determine if you can avail of the 60 days grace period.
Learn more about maintaining your non-immigrant status.
K-1 visa holders are eligible to apply and obtain a social security number upon entry to the United States. It is advisable that the K-1 visa holder waits around two weeks before applying (so that the Social Security Office can verify his/her arrival record). At the same time, the K-1 visa holder should not wait too long to apply either. If he/she applies within two weeks of the I-94 expiration, the social security office may not be able to process the request. When applying for the social security number, the K-1 visa holder needs to submit proof of his/her legal status in the U.S. by showing his/her original passport with original K-1 visa, valid I-94, and his/her original birth certificate.
Being in the US under a nonimmigrant visa does not reduce the waiting time for an immigrant visa to become available, but if your goal is to get to the US sooner, then it may be more desirable. Consular processing waiting times at the US Embassy may vary from country to country, but they are still generally faster than processing times at USCIS Field Offices for Adjustment of Status.
The US employer must first obtain a “labor certification” from the US DOL in connection with the job opening. Once the certification is issued, the US employer must then file the immigrant petition with the USCIS. Then once this petition is approved, and if a visa number is currently available, then the foreign national may apply for the visa either thru Consular Processing if located abroad, or thru Adjustment of Status if lawfully present in the US.
It depends on the foreign national’s country of origin and the qualifications of the job. Positions that require a bachelor’s degree usually have a longer waiting time than those that require a master’s degree. Processing times may vary between a few months, to several years.
A foreign national who desires to work for a US employer must go through the usual recruitment and job-hunting process.
It is an immigrant visa to allow a foreign national to live and work in the US, because of an approved petition filed by the foreign national’s US-based employer who has hired the foreign national because he or she is qualified to perform a job where there are no sufficient US workers willing and qualified to perform it.
If the foreigner is in the US under another visa, such as an H-1B “working” visa, Adjustment of Status may be desirable to avoid the expenses of travel. However, entering the US on a tourist visa with the purpose of adjusting status is not advisable. In these and other circumstances, Consular Processing is preferable and is often faster than Adjustment of Status.
The US citizen or green card holder relative must file a petition in the US, which must be approved first by the USCIS. Depending on where the foreigner relative is located, he or she may apply for the visa abroad visa Consular Processing or in the US via Adjustment of Status.
It depends on the relationship between the petitioner and the foreigner, and this relationship determines the preference category, each with its own waiting time. For example, Immediate Relatives can get their green card between 6 months and 1 year, whereas brothers or sisters under a Preference petition, depending on the country of origin, may have to wait up to 20 years to get their green card.
Immediate Relative petitions are those filed by US citizens for their spouses, children (below 21), or parents. Preference petitions are those filed by US citizens for their sons or daughters (21 or above), or their brothers or sisters. Green card holders may also file for their spouses, children (below 21), or unmarried sons or daughters (21 or above). All other relatives not mentioned (for example: grandparents, grandchildren, uncles and aunts, nephews and nieces, cousins) are not eligible to be petitioned for a family-based visa.
Call us at 312-857-0857 and any of our staff can assist you. You may also email us at firstname.lastname@example.org and our Customer Service specialists will be able to reply to you on the same day. But before MCLG accepts your case, you may need to schedule a consultation with one of our lawyers.
For both practical and professional reasons, our lawyers need to be able to fully troubleshoot your case and provide you with the best possible solution according to your needs.
During your initial call with us, our staff will set an appointment for you to meet with one of our lawyers depending on your schedule. Consultations may be in-person at any of our offices (Downtown or Northside, or New York City), or over the phone, or thru Skype.
We handle a variety of immigration-related cases, both family- and employment-based. For each type of case, we will take care of organizing the required information and documents (all documents must be provided by you), selecting and filling-out the appropriate forms, and copying and mailing the actual application packet to the appropriate office. Each type of case will have a separate filing fee that must be paid to the government agency.
It is an immigrant visa to allow a foreign national to live and work in the US, because of an approved petition filed by the foreign national’s relative who is either a US citizen or a green card holder. Depending on the relationship between the foreigner and the petitioner, a petition may be classified as either Immediate Relative or a Preference petition.