H-1B employee laid off: Here's ‘plan B’ every Indian worker in US needs

H-1B visa holders are skilled professionals employed in the United States. However, they are not entirely protected from layoffs and sudden job loss can lead to immediate legal ramifications, including inquiries regarding the legality of their residency.

Recently, a 29-year-old H-1B employee shared on Reddit his experience of being laid off less than a month after his return to the US. “Laid off within a month of returning to the US,” said the anonymous individual, stressing that he had been with the same company since earning his master's degree in 2021. His H-1B application for 2024 was not selected in the lottery, prompting him to return to India and continue his work from there. This year, his H-1B petition received approval, but he found himself without a job only a few weeks after returning to the United States.

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Rahul Reddy, an immigration lawyer at Reddy Neumann Brown PC, asserts that many workers believe they are safe until the day they are not. Reddy stated, “The biggest mistake H-1B workers make is assuming it won't happen to me.” In a blog post, he noted, “The truth is simple: Every H-1B worker needs a Plan B, before a crisis hits.”

If a layoff occurs, Reddy says H-1B workers should always be prepared with Plan B. He has suggested some of the “smartest moves” including:

1. B-2 Visitor Status – Time to Regroup

A timely application for B-2 status allows the person to remain in the United States for a few months while considering their options. It provides a much-needed break even though it does not grant work authorization.

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2. F-1 Student Status – Upskill and Stay

Changing to F-1 status can enable persons to stay in the US if continuing their study is a feasible choice. As long as the program's start date falls inside the grace period, this status is lawfully valid.

3. H-4 Dependent Status – The Most Underused Safety Net

Choosing H-4 status is often the safest option if the spouse has an H-1B visa. It permits the worker to remain in the nation and removes the need for needless travel. Getting an H-4 EAD offers an extra advantage if you qualify.

4. Returning to the Home Country – Now a Risky Move

While leaving the country during the grace period preserves legal status, many workers may now be subject to the $100,000 H-1B fee rule if they return on a new H-1B. It is no longer a risk-free choice to just “go home and return with a new approval.” Anyone thinking about traveling needs to determine if they fall under this new criterion.

A rigorous 60-day grace period starts after an H-1B employee is fired. While sixty days can seem like a long time, many people find it slipping away while they look for a new job, try to move, and deal with the stress of losing their status anchor. While this is rare, some people wait in the hopes that their employer would change their mind.

Source: Hindustan Times
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